| Citation(s) |
|---|
| 1999 SLG 647 1999 SLD 647 1999 SCMR 1379 |
Supreme Court of Pakistan
Constitutional Petitions Nos. and 17 of 1994, decisiondated: 28-05-1989, hearing DATE : 12-05-1989
AJMAL MIAN, C, J., MUHAMMAD BASHIR, JEHANGIRI,MEMOON KAZI, CH. MUHAMMAD ARIF AND MUNIR A. SHEIKH, JJ
Habibul Wahab al-Khairi, Advocate Supreme Court and Kh. Imtiaz M. Khan, Advocate-on-Record for Petitioners (in C. P. No. 11 of 1994). Sh. Muhammad Naeem, Advocate Supreme Court and Imtiaz M. Khan, Advocate-on-Record for Petitioners (in C. P. No. I I of 19
Constitutional Petitions Nos. and 17 of 1994, decisiondated: 28-05-1989, hearing DATE : 12-05-1989
AJMAL MIAN, C, J., MUHAMMAD BASHIR, JEHANGIRI,MEMOON KAZI, CH. MUHAMMAD ARIF AND MUNIR A. SHEIKH, JJ
Habibul Wahab al-Khairi, Advocate Supreme Court and Kh. Imtiaz M. Khan, Advocate-on-Record for Petitioners (in C. P. No. 11 of 1994). Sh. Muhammad Naeem, Advocate Supreme Court and Imtiaz M. Khan, Advocate-on-Record for Petitioners (in C. P. No. I I of 19
ALJEHAD TRUST through Habibul Wahab AlKhairi, Advocate and 9 othersvsFEDERATION OF PAKISTAN through Secretary, Ministry of Kashmir Affairs, Islamabad and 3 others
Law: Constitution of Pakistan, 1973
Section: 184(3),9,10,11,12,13,14,21,22&24,1,2A,17 &Part11,Chap.1,PartII,Chap.I(Arts.8to28) &
(a) Constitution of Pakistan (1973)-- Art. 184(3) --- Territories of Pakistan ... Constitutional petition before Supreme Court under Art. 184 (3), Constitution of Pakistan (1973) --- Executive authority of the State in the exercise of its sovereign power, has the right to say as to which territory it has recognised as a part of its State and the Courts are bound to accept such position --- If the Courts felt any doubt with regard to the status of such a territory then it was incumbent upon them to make a reference to the averment and to accept its opinion --- Courts, however, will have jurisdiction in a case in which the Government unconstitutionally wants to cede a portion of the territory, which is admittedly a part of the territory of Pakistan to a foreign country. (b) Constitution of Pakistan (1973)--- ---- Art. 184(3) --- Constitutional petition before Supreme Court of Pakistan under Art. 184(3), Constitution of Pakistan --- Maintainability --- Questions were as to whether the people of Northern Areas had the right to invoke fundamental rights under the Constitution and that Federation was not discharging its Constitutional duty by denying the fundamental rights to the people of Northern Areas, such questions being of public importance relating to enforcement of fundamental rights contained in Chap. 1 of Part II of the Constitution Supreme Court had the competence to entertain Constitutional petition under Art. 184(3) of the Constitution. (c) Constitution of Pakistan (1973)--- ---- Arts. 9, 10, 11, 12, 13, 14, 21, 22 & 24---Articles 9, 10, 11, 12, 13, 14, 21, 22 & 24 do not make any distinction between a citizen and non-citizen as these Articles speak of "a person". (d) Constitution of Pakistan (1973)--- ---- Arts. 15, 16, 17, 18, 19, 20, 23 & 25 --- Articles 15, 16, 17, 18, 19, 20, 23 & 25 can be pressed into service by a citizen only. (e) Constitution of Pakistan (1973)--- ---- Arts. 1, 2A, 17 & Part 11, Chap. 1 --- People of Northern Areas are citizens of Pakistan, for all intents and purposes and like other citizens have the right to invoke any of the fundamental rights and liable to pay taxes and other levies competently imposed…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492