| Citation(s) |
|---|
| 2010 SLG 2060 2010 SLD 2060 2010 PLD 1 |
Constitutional Petitions Nos. 76 to 80 of 2007 and 59 of 2009 and Civil Appeal No.1094 of 2009, H.R.C. Nos. 14328-P to 14331-P and 15082-P of 2009, decision dated: 16-12-2009
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAVED IQBAL, SARDAR MUHAMMAD RAZA KHAN, KHALIL-UR-REHMAN RAMDAY, MIAN SHAKIRULLAH, JAN, TASSADUQ HUSSAIN, JILLANI, NASIR-UL-MULK, RAJA FAYYAZ AHMED, CH. IJAZ AHMED, MUHAMMAD SAIR ALI, MAHMOOD AKHTAR SHAHID SIDDIQUI, JAWWAD S. KHAWAJA, ANWAR ZAHEER, JAMALI, KHILJI ARIF HUSAIN, RAHMAT HUSSAIN, JAFFERI, TARIQ PARVEZ AND GHULAM RABBANI, JJ
Dr. MOBASHIR HASSAN and others
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 270AAA---Validity of Art.270AAA of the Constitution---Proclamation of Emergency of 3rd November, 2007, the Provisional Constitution Order, 2007, Provisional Constitution (Amendment) Order, 2007, the Oath of Office (Judges) Order, 2007 and the President's Order No.5 of 2007 having been declared to be unconstitutional, illegal and void ab initio, by Supreme Court in the case of Sindh High Court Bar Association v. Federation of Pakistan PLD 2009 SC 879 as a result. whereof Art.270AAA stood deleted from the Constitution. Sindh High Court Bar Association v. Federation of Pakistan PLD 2009 SC 879 quoted. (b) Administration of justice -------Court is not required to give decisions of cases in vacuum rather it has to consider facts as well giving a cause to a person to approach Court. (c) National Reconciliation Ordinance (LX of 2007)-------Preamble---Constitution of Pakistan (1973), Arts. 4, 8, 25, 62(f), 63(i)(p), 89, 100(3), 175, 227 & 184(3)---Constitutional petition under Art.184(3) of the Constitution before Supreme Court challenging the constitutionality of the National Reconciliation Ordinance, . 2007---Held, National Reconciliation Ordinance, 2007 had not been promulgated to provide reconciliation on national basis---Ordinance gave benefits to a class of people, whose identification was not difficult to ascertain namely accused persons, involved in criminal and corruption cases, during the period commencing from 1st January, 1986 to 12th October, 1999 which classification had created a divide amongst ordinary citizens of Pakistan and a class of alleged criminals who statedly had committed, crimes of murder, dacoity, rape looting/plundering of money/resources of the Nation---Promulgation of the Ordinance seemed to be against the national interest and its Preamble, was contrary to the substance embodied therein, thus violated various provisions of the Constitution---Supreme Court declared that Ordinance was an instrument void ab initio being ultra vires and violative of various constitutional provisions including Article Nos.4, 8, 25, 62(f), 63(i)(p), 89, 175 and 227 of the Constitution; as a consequence, all…
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