| Citation(s) |
|---|
| 2009 SLG 330 2009 SLD 330 2009 PLD 433 |
Lahore High Court
Writ Petitions Nos. 4383, 4384 and 5538 of 2009, decided on 31st March, 2009. dates of hearing: 25th, 27th and 31st March, 2009
SAYED ZAHID HUSSAIN, C.J. MIAN SAQIB NISAR, ASIF SAEED KHAN KHOSA, MOULVI ANWARUL HAQ, NASIM SIKANDAR, IJAZ AHMED CHAUDHRY AND FAZAL-E-MIRAN CHAUHAN, JJ
Dr. Farooq Hassan, Barrister-at-Law and Muqatadir Akhtar Shabbir for Petitioners. Tariq Aziz for Petitioner (in Writ Petition No. 4384 of 2009). Mustafa Ramday for Petitioner (in Writ Petition No. 5538 of 2009). Muhammad Nasim Kashmiri, Deputy A.G. Pakist
Writ Petitions Nos. 4383, 4384 and 5538 of 2009, decided on 31st March, 2009. dates of hearing: 25th, 27th and 31st March, 2009
SAYED ZAHID HUSSAIN, C.J. MIAN SAQIB NISAR, ASIF SAEED KHAN KHOSA, MOULVI ANWARUL HAQ, NASIM SIKANDAR, IJAZ AHMED CHAUDHRY AND FAZAL-E-MIRAN CHAUHAN, JJ
Dr. Farooq Hassan, Barrister-at-Law and Muqatadir Akhtar Shabbir for Petitioners. Tariq Aziz for Petitioner (in Writ Petition No. 4384 of 2009). Mustafa Ramday for Petitioner (in Writ Petition No. 5538 of 2009). Muhammad Nasim Kashmiri, Deputy A.G. Pakist
ZAIIID HIUSSAIN MALIK
VS
FEDERATION OF PAKISTAN through Secretary Law, Islamabad and others
Law: Constitution of Pakistan, 1973
Section: 234,109
Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Changed prevailing events and happenings touching the subject-matter of the cause during pendency of constitutional petition; leaving no live issue or controversy---Effect---Field, practice normally followed by the High Court was that where there remained no live issue or controversy, the court need not embark upon academic discussion and instead dispose of the matter in the light of changed prevailing events touching the subject-matter of the cause; a futile or infructuous writ was not issued by the Court, which would be of no use. Martial Law Administrator, Zone `D' and others v. Muhammad Niaz PLD 1979 SC 921 fol. Miss Asma Jilani v. Government of The Punjab and another PLD 1972 SC 139; Khawaja Muhammad Sharif v. Federation of Pakistan through Secretary Cabinet Division, Government of Pakistan, Islamabad and 18 others PLD 1988 Lahore 725 and Sumedico Corporation and another v. Regional Provident Fund Commr. (1998) 8 SC 381 ref. JUDGMENT SAYED ZAHID HUSSAIN, C.J.---On 25th of February, 2009, Proclamation under Article 234 of the Constitution of the Islamic Republic of Pakistan, 1973 was issued to the effect:-- "Whereas I, Asif Ali Zardari, President of the Islamic Republic of Pakistan, on receipt of report from the Governor of the Punjab and other information made available, am satisfied that the situation has arisen in which the Government of the Province of the Punjab cannot be carried on in accordance with the provisions of the Constitution. And whereas an unprecedented and unique constitutional void has been created in the Province consequent upon the decision of the Hon'ble Supreme Court of Pakistan on 25 February, 2009 in the matter of disqualification/unseating of Mian Shahbaz Sharif as Member of Provincial Assembly. (2) Now, therefore, in exercise of the powers conferred by Article 234 of the Constitution of the Islamic Republic of Pakistan, I hereby:-- (a) direct the Governor of the Punjab to assume on my behalf the functions of the Government of that Province; (b) make the following incidental and consequential provision which appear to be necessary or desirable for giving…
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