Law: Constitution of Pakistan, 1973

Section: 184(3),18,25

Law: Central Excise Act, (I of 1944)

Section: 3(4)

(a) Constitution of Pakistan (1973)---Art. 184(3)---Constitutional petition under Art. 184(3) of the Constitution before Supreme Court---Maintainability---Principles---Held, a petition would be considered maintainable where an authoritative enunciation of legal position as to the vires of an enactment would be required to be rendered which would curtail unnecessary litigation, and would be beneficial to all the parties--­Question whether a particular Constitutional petition filed under Art. 184(3) of the Constitution directly in Supreme Court is maintainable is to be examined not on the basis as to who has filed the same, but the question is to be determined with reference to the Controversy raised in the Constitutional petition, and if the controversy involves a question of public importance with reference to the enforcement of any of the Fundamental Rights the same will be sustainable. It would be a fit case where an authoritative enunciation of legal position as to the vires of an enactment should be rendered which will curtail unnecessary litigation, and will be beneficial to all the parties including the manufacturers of cigarettes and the growers. I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041; Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632 and Al-Jehad Trust through Raeesul Mujahideen Habib-ul-Wahab-ul-Khairi and others v. Federation of Pakistan and others PLD 1996 SC 324. ref. (b) Martial Law Order (Zone B)----- ----No. 487, para, 2.1(4)---Constitution of Pakistan (1973), Arts. 18 & 25--­Reasonable classification ---Vires of Martial Law Order (Zone B) No.487, para.2.1 (4)---No exception could be taken to the Martial Law Order (Zone B) No.487, para. 2.1(4), as same was founded on reasonable classification based on an intelligible differentia having rational nexus with the object sought to be achieved by such classification. No exception can be taken to sub-paragaph (4) of paragraph 2.1 of the M.L.O. No.487 (Zone B) as it is founded on reasonable classification based on an intelligible differentia having rational nexus with the…

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