Important Case decided By SC. P L D Supreme Court Present: Hamoodur Rahman, C. J., Muhammad Yaqub Ali, Sajjad Ahmad, Waheeduddin Ahmad. There have been a lot of important and leading cases in the history of Pakistan. Asma Jilani vs Government of the Punjab case is one of them. What is the grudge-Nazi informer case? • Riggs v Palmer, Re Sigsworth case. • Kelson in Pakistani courts??? • Dosso v. State,. • Asma Jilani v. The Government .
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Its ideology is enshrined in the Objectives Resolution of the 7th Aprilwhich inter alia declares “wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in zsma with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah”. The next morning, however, the Zonal Martial Law Administrator of Lahore met him and ccase him that the Courts, including the Supreme Court, had lost their jurisdiction but a few hours later he received a summon from the President to proceed to Hilani where he was told that the intention of the regime was to keep the existing laws and the jurisdiction of the civil authorities alive.
Even the imposition of Martial Law by his proclamation is of doubtful. The object of the learned counsel in referring to these decisions is presumably to suggest that from this day onwards whatever constitutional developments took place were not strictly legal. The order passed by Mr.
Provincial Assemblies and imposed Martial Law throughout the country: Pakistan was faced with innumerable difficulties from the very start. On July 31,The Supreme Court of Pakistan declared the steps taken on November 3, by former president Pervez Musharraf as illegal and unconstitutional under the Article of the Constitution.
This is a right which has consistently been claimed by this and other Courts of superior jurisdiction in all civilised countries and it is on the basis of this very right that this Court itself went into the question of the validity of the Martial Law in Dosso’s case.
When the petition came up for hearing on the lath of Januarythe Government raised a preliminary objection that the High Court could not assume jurisdiction in the matter, because of the bar contained in the jurisdiction of Courts Removal of Doubts Order,promulgated by the last Martial Law regime.
They provide no machinery for seeking any redress against any possible abuse or misuse of power or for making any representation or even for an appeal from Ceaser to Ceaser. On the next question too, after an exhaustive review of all earlier decisions, it found that when the “regular Courts were open so that criminals might be delivered over to them ssma be dealt with according to the ordinary law there was not any right in the Crown to adopt any other course or proceeding” bat relying on an earlier decision of the Privy Council in the case of Ex parte: The jilaani was, therefore, clear and under the principle of expressio unius est excluslo alterius there was no scope for holding that the Constitution could be amended by a Presidential Order.
But soon thereafter, realizing the danger of the abuse of that power, ijlani another law adding provisos to the power of the President to suspend the writ of habeas corpus even in times of war. It is difficult however, to appreciate under what authority a Military Commander could proclaim Martial Law. If Muhammad Munir, C. A seven panel bench issued asmq unanimous two-page order declaring the action illegal. Enter the email address you signed up with and we’ll email you a reset link.
If the question of the vires of the Laws Continuance in. There is nothing in any law awma either in Jilnai book to show that this decision is of a purely subjective nature or that this too depends upon: All his actions were also declared illegal. Applying these tests to the President’s Order No.
List of cases of the Supreme Court of Pakistan
For the purposes of the doctrine here explained a change is, in law, a revolution if it annuls the Constitution and the annulment is effective. But the Noble Earl observed: Supreme Court further held that Yahya khan was neither a victor nor Pakistan was an occupied territory and thus declared him a “Usurper”.
What is law is really a theoretical question. The validity of the acts done thereunder are no longer, therefore, open to challenge. He also Quotes from Salmond on Jurisprudence and George Casd Paton’s text book on Jurisprudence to show that jurists of other countries too hold the same view. Constitution of Pakistan He has reminded the Court of the grave consequences that followed when in Moulvi Tamizuddin Khan’s case a similar argument was spurned by the Federal Court and “disaster” brought in.
It was not even a revolution or a military uilani d’etat in any sense of those terms. It follows that, from this juristic point of view, the storms of the old order can no longer be recognised as valid norms.
List of cases of the Supreme Court of Pakistan – Wikipedia
No question was raised in this case as to the validity of the Martial Law uilani of the Provisional Constitution Order. The Courts, as I have already indicated, are not called upon to suo motu raise a controversy and then decide it.
It assumes that the rationale of obedience is in all the intricate facts of social organisation and in no one group of facts. If the litigant does not choose to raise a question, however, important it might be, it is not.
Due to the judicial.
Asma Jilani Jahanghir (Member 1952-2018)
It has many exceptions to it, for, the doctrine cannot be allowed to become a “dead hand” nor should the law be submerged in “still waters in which there are only stagnation and depth. Judiciary plays a very important role in the interpretation of the statutes and laws. The case came up for hearing on 15th Januarybefore Shafiur Rahman, J.
It was provided in the order that Mr. Justice Cardozo snakes an exception in the case of statutes, in so far as they are clear, and precedents which are clearly in point. The High Court dismissed the application of the petitioner. It is only in this connection that the learned Chief Justice thought that the principles of stare decisis could be legitimately applied to the interpretation given by the Supreme Court to the provisions of the said Order.
A learned Judge issued rule to the respondent for: With great respect to the learned Chief Justice the interpretation placed by him on sections 6 and 8 of the Indian Independence Act,as a result of which the appeal was allowed, is ex facie erroneous though we do not propose to examine in detail the reason given in the judgment. Any order made under paragraph I may require the person against whom it is made to enter into a bond, with or without sureties, for the due observance of the restrictions and conditions specified in the order.
There was no exigency which justified the Governor in julani to enforce by executive or military order the restriction which the District Judge has restrained pending proper enquiry. The country by and large accepted this Constitution and even the Judges took oath under the fresh Constitution. The detention of both of them was challenged. All his actions were also declared illegal When Asma Jilani’s judgment was released, Yahya khan was not in power, but now it was.
The rule of stare decisis does not apply with the same strictness in criminal, fiscal and constitutional matters where the liberty of the subject is involved or some other grave injustice is likely to occur by strict adherence to the rule.
He is further of the view that the Court in making the impugned observations proceeded clearly upon the assumption that a the revolution, if any, had succeeded and b that its own authority was derived from the Laws Continuance in Force Order. This Court, nevertheless, entered upon an appraisal of the constitutional position and purporting to apply the doctrine of “legal positivism” propounded by Hans Kelsen, came to the conclusion that where “a Constitution and the national legal order under fit is disrupted by an abrupt political change not within the contemplation of the Constitution”, then such a change “is called a revolution and its legal effect Is not only the destruction of the existing Constitution but also the validity of the national legal order.
I am not unmindful of the importance of this doctrine but in spite of a Judge’s fondness for the written jolani and his normal inclination to adhere to prior precedents Fase cannot fail to recognise that 9t is equally important to remember that there is need for flexibility in the application of this rule, for law cannot stand still nor can we become mere slaves of precedents.