| Citation(s) |
|---|
| 2009 SLG 1216 2009 SLD 1216 2009 PLD 107 |
Supreme Court of Pakistan
Constitutional Petition No.1 of 2008, decision dated: 21st April, 2008. (Re: Condition of graduation for contesting election of the Majlis-e-Shoora (Parliament) and the Provincial Assemblies). dates of hearing: 18th and 21st April, 2008
ABDUL HAMEED DOGAR, C.J., FAQIR MUHAMMAD KHOKHAR, IJAZ-UL-HASSAN KHAN, MUHAMMAD MOOSA K. LEGHARI, CH. EJAZ YOUSAF, SYED SAKHI HUSSAIN BOKHARI AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ
Kamran Murtaza, Advocate Supreme Court, Qari Abdul Rashid, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record. Raja Niaz Ahmed Rathore, D.A.G., Ms. Nahida Mahboob Elahi, D.A.G., Raja Abdul Rehman, D.A.G., Haji M. Rafi Siddiqui, Advocate Sup
Constitutional Petition No.1 of 2008, decision dated: 21st April, 2008. (Re: Condition of graduation for contesting election of the Majlis-e-Shoora (Parliament) and the Provincial Assemblies). dates of hearing: 18th and 21st April, 2008
ABDUL HAMEED DOGAR, C.J., FAQIR MUHAMMAD KHOKHAR, IJAZ-UL-HASSAN KHAN, MUHAMMAD MOOSA K. LEGHARI, CH. EJAZ YOUSAF, SYED SAKHI HUSSAIN BOKHARI AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ
Kamran Murtaza, Advocate Supreme Court, Qari Abdul Rashid, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record. Raja Niaz Ahmed Rathore, D.A.G., Ms. Nahida Mahboob Elahi, D.A.G., Raja Abdul Rehman, D.A.G., Haji M. Rafi Siddiqui, Advocate Sup
MUHAMMAD NASIR MAHMOOD and anothers
VS
FEDERATION OF PAKISTAN through Secretary Ministry of Law, Justice and Human Rights Division, IslamabaD
Law:
Section:
(a) Constitution of Pakistan (1973)-------Part VII, Chap. 2 [Arts.176 to 191]---Power and jurisdiction of Supreme Court to revisit and overrule its earlier ---Scope---Supreme Court in. an appropriate case may revisit its earlier decision, clarify, modify or even overrule the same if circumstances of the case so warrant. Ataur Rahman v. State PLD 1967 SC 23; Allah Ditta v. Muhammad Ali PLD 1972 SC 59; Terni S.P.A. v. PECO 1992 SCMR 2238; Muhammad Hanif v. Sultan 1994 SCMR 279 and In re: To Revisit `The State v. Zubair' 2002 SCMR 171 ref. (b) Constitution of Pakistan (1973)-------Part II, Chap. 1 [Arts.8 to 40] & Part VII, Chap. 2 [Arts.176 to 191]---Constitutional petition under Art.184(3) of the Constitution---Prescription of qualification of being a graduate to contest election---Validity on the touchstone of fundamental rights---Questions of law of public importance with reference to enforcement of fundamental rights, had to be properly dealt with---Supreme Court observed that Constitution was held in abeyance and no authentic data was placed before the Court to show the lack of educational facilities in the far flung areas like PATA, FATA and Balochistan at the time the case in Pakistan Muslim League (Q) v. Chief Executive of the Islamic Republic of Pakistan reported as PLD 2002 SC 994, therefore a case for revisiting the said was made out. Farooq Ahmed Khan Leghari v. Federation of Pakistan PLD 1999 SC 57; F.B. Ali v. State PLD 1975 SC 506; Muhammad Nawaz Sharif v. Federation of Pakistan PLD 1993 SC 473 and Government of Balochistan v. Azizullah Memon PLED 1993 SC 341 ref. (c) Constitution of Pakistan (1973)-------Art. 17(2)---Freedom of association---Right to form or be a member of political party conferred by Art. 17(2) of the Constitution included the right to contest election and form government by a political party commanding confidence of majority of the members of National Assembly, or a Provincial Assembly, as the case may be. Muhammad Yousuf v. State 2002 CLC 1130; Benazir Bhutto v. Federation of Pakistan PLD 1988 SC 416; Muhammad Nawaz Sharif v. Federation of Pakistan PLD 1993 SC 473 and Benazir Bhutto v. Federation of Pakistan PLD 1989 SC 66…
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