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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It was not even a revolution or a military coup d’etat in any sense of those terms. Neither Pakistan was a conquered jilan, nor the Pakistan Army commanded by Yahya Khan was an alien force to justify the imposition of this type of Martial Law. Field Marshal Muhammad Ayub Khan did not appoint him as his successor by his letter of the 24th March In Pakistan to the superior Courts gave judgments which became precedents.
Since in a complex society every citizen cannot personally participate in the performance of the trust, the body politic appoints State functionaries to discharge these functions on its behalf and for its benefit, and bas the right to remove the functionary so appointed by it if he goes against the law of the legal sovereign, or commits any other breach of trust or fails to discharge his obligations under a trust.
Even the American jurists are not unanimous. She served as a leading figure in the campaign waged by the women activists against the promulgation of the controversial Hadood Ordinances and draft law on evidence.
List of cases of the Supreme Court of Pakistan
K Allen; Modern Theories of Law, pp. Will it depend, for instance, on the extent to which the norms of the legal system of the particular society can be derived from it? The physical force that he possesses can never by itself give him the legal right to convert his de facto claim into a de jure claim. Although doctrine of necessity was once again pleaded to defend military regime of General Yahya Khan, yet same was rejected through judgment of this appeal.
Dosso, cxse up for hearing on the 13th of October Later on, he was taken to a rest house in the Sihala Police Training School and lodged there. These lists are sorted chronologically asmw Chief Justice and include jialni notable cases decided by the court.
There is, however, another case from Nigeria where the military take over was not accepted as legitimate but condoned as a “manifestation of necessity” and not as “revolutionary breach of legal continuity”. Dosso and three other connected matters came up for hearing before the Court. On the same principle the validity of the laws to be made thereafter is judged by reference to the new and not the annulled Constitution.
General Agha Mohammad Yahya Khan had according to me, no authority to pass such legislation taking away the powers of the Courts in his capacity as President under the Provisional Constitution Order. Vide Modern Law Review, Vol. The Supreme Court unanimously held that electoral disqualification under Article 62 1 f of the Constitution of Pakistan was for life in Sami Ullah Baloch v. Constitution of Pakistan He also Quotes from Salmond on Jurisprudence and George Whitecross Paton’s text book on Jurisprudence to show that jurists of other countries too hold the same view.
Acts done by those actually in control without lawful authority may be recognized as valid or acted upon by the Courts within certain limitations, on principles of necessity. On July 31,The Supreme Court of Pakistan declared jilami steps taken on November 3, ccase former president Pervez Musharraf as illegal and unconstitutional under the Article of the Constitution.
A conditio sine qua non, but not a conditio per quam. This was the second great mishap of Pakistan.
Under this Order, therefore, he continued as President and in that capacity on the 10th of Octoberissued the Laws Continuance in Force Order, When Asma Jilani’s judgment was released, Yahya khan was not in power, but now it was Bhutto’s Martial Law and Bhutto was the chief Martial law Administrator and the president. Nemo for Respondent No. Kelsen’s attempt to justify the principle of effectiveness from the standpoint of international law cannot also be justified, for, it assumes “the primacy of international law over national law.
Asma Jilani Vs Govt. of the Punjab – CSS Forums
Skip to main content. Once the State loses that command it becomes ineffective and must either then change the law or abdicate.
In Jjilani to the superior Courts gave judgments which became precedents. On the proclamation of such a state of siege the constitutional guarantees become suspended and the Government of the affected area is temporarily placed under the control of the military. It is only then that the question arises as to how many of his acts, legislative or otherwise, should be condoned or maintained, notwithstanding cass Illegality in the wider public interest.
The Martial Law imposed by Yahya Khan was, therefore, in itself illegal and all Martial Law Regulations and Martial Law Orders issued by him were on this simple ground void ab initio and of aama legal effect. A learned Judge issued rule to the respondent for: This country was not a foreign country which had been invaded by any foreign army with General Agha Muhammad Yahya Khan at its head nor was it an alien territory which had been occupied by the said army.
Manzoor Qadir has confined himself to saying that the legal theory of Hans Kelsen was misread and misapplied, because, the revolution contemplated by Kelsen was a revolution which completely disintegrated the old legal order and brought about a permanent ,transformation in the new body politic. Government was, therefore, according to Locke, essentially a moral trust which could be forfeited if the jilahi of the trust were not fulfilled by the trustee or trustees, as the case may be.
Manzoor Qadir appearing for the appellant in Criminal Caee No.
Case Law Asma Jilani vs Federation of Pakistan
The test of interference always has been the necessity of performing the duty of repelling force and restoring order. As a commentator has remarked, a perfectly good country was made into a laughing stock. 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. Delivering the majority judgment of the Court Munir, C. The Constitution could, therefore, it is argued be amended only by a “Regulation or Order made by the Chief Martial Law Administrator” and cwse no other means and by no one else, because, under the scheme of the Provisional Constitution Order itself the President was a subordinate authority created by the Martial Law and his functions were limited to the performance of “functions assigned to the President of Pakistan by or under the said Constitution or by or under any law”.
Furthermore, even if reasonable powers of preventive detention were necessary in West Pakistan to meet the case of any individual the security of Pakistan Act was available and at the time the impugned order of detention jilan actually made even the Defence of Pakistan Rules were available.
A Full Bench of the High Court, after an exhaustive review of the opinions of jurists and the relevant law on the subject, came to the conclusion that the Martial Law imposed in was of the kind described by English authors as the Martial Law which can be imposed in exercise of the common law right vested in a State to suppress disorder and insurrection, and it asna not of the type of military rule which can be enforced in an alien country by an invading or occupying army.
The question, therefore, is still at large and has for the first time now been raised before this Court in this specific form. No single man can give a constitution to the society which.