Case Details

Citation(s)
1999 SLG 707 1999 SLD 707 1999 SCMR 1338
Supreme Court of Pakistan
Constitutional Petitions Nos. 10 and 12 of 1999, decision dated: 19-03-1999
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ

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NISAR AHMAD and others

VS

FEDERATION OF PAKISTAN and others

Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 15, 16, 17, 18, 19, 24, 232(1), 233(1) & 184(3)---Constitutional petition under Art. 184(3) of the Constitution of Pakistan (1973) before Supreme Court---Issuance of Proclamation of Emergency by the President under Art. 232(1) of the Constitution having been held to be valid by Supreme Court, operation of Arts. 15, 16, 17, 18, 19 & 24 of the Constitution was suspended till Supreme Court granted that the continuation of the Emergency was not justified---Articles 15, 16, 17, 18, 19 & 24 of the Constitution, therefore, could not be invoked through a Constitutional petition or otherwise. 1999 SCMR 569 and PLD 1999 SC 57 ref. (b) Constitution of Pakistan (1973)--- ----Arts. 232(1), 17 & 184(3)---Constitutional petition under Art. 184(3) of the Constitution before Supreme Court---Issuance of Proclamation of Emergency by the President under Art. 232(1) of the Constitution of Pakistan---­Continuation---Question as to whether the continuation of Emergency by the President was warranted or not by the changed circumstances could not be raised as a collateral question in a Constitutional petition which was founded on the violation of Art. 17 of the Constitution, operation of which was- suspended by virtue of Art. 233(1) of the Constitution---Petitioners assailing the continuation of Emergency will have to file a separate appropriate proceedings containing material facts including the changed circumstances of the nature warranting the review of the of Supreme Court validating the emergency, supported with the relevant documents. 1999 SCMR 569 and PLD 1999 SC 57 ref. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 1(3)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(4)(c)---Pakistan Water and Power Development Authority (Amendment) Ordinance (XX of 1998), Preamble---Pakistan Water and Power Development Authority (Second Amendment). Ordinance (XXI of (1998), Preamble----Constitution of Pakistan (1973), Arts. 17 & 184(3)---Constitutional petition under Art. 184(3) of the Constitution before Supreme Court---Exclusion of application of Industrial…
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