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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The Military Commander did not take over the reins of Government by force nor did he oust the constitutional President.
The Military Commander, however, did not allow the constitutional machinery to come into effect but usurped the functions of Government and started issuing all kinds of Martial Law Regulations, Presidential Orders and even. It is not the success of the revolution, therefore, that gives it legal validity but the effectiveness it acquires by habitual submission to it from the asmz.
Asma Jilani Jahanghir (Member ) | International Commission against the Death Penalty
Apart from the political cataclysm which the Proclamation of the jilanj October, by Mr. As a commentator has remarked, a perfectly good country was made into a laughing stock.
The will of the people is nowadays often expressed through the medium of Legislature comprising of the chosen representatives of the people.
Dosso, came up for hearing on the 13th of October Articles exist for almost all cases. Subsequent alterations in the Constitution and the validity of all laws made thereunder is determined by the first Constitution. As I have earlier indicated Kelsen’s theory was, by no means, a universally accepted theory nor was it a theory which could claim to have become a basic doctrine of the science of modern jurisprudence, nor did Kelsen ever attempt to formulate any theory which “favours totaliterianism”.
There is no provision in any law which gives the Commander of the armed forces the right to proclaim Martini Law, although he has like all other loyal citizens of the country a bounden duty to assist the State, when called upon to do so.
List of cases of the Supreme Court of Pakistan – Wikipedia
The answer is obvious. Sharifuddin Pirzada frankly conceded that within certain limits validation jilzni be given to certain acts of even a de facto usurper of power either on the ground of state necessity or implied authority.
The Presidential Order No. 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. The Court would not also condone anything which seriously impairs the rights of the citizens except in so far as they may be designed to advance the social welfare and national solidarity.
Nevertheless, even in such cases the degree jlani freedom given to the military to exercise force has varied with jiani circumstances of each case.
List of cases of the Supreme Court of Pakistan
I would not, however, condone any act intended to Entrench the usurper more firmly in his power or to directly help him to run the country contrary to its legitimate objectives.
If the argument is valid that the jilai of the Martial Law by itself leads to the complete destruction of the legal order, then the armed forces. From Wikipedia, the free encyclopedia. These lists are sorted chronologically by Chief Justice and include all notable cases decided by the court.
C held that the jurisdiction of Courts Removal of Doubts Order, was valid. Thou exaltest whomsoever Thou pleaaest and Thou abasest whomsoever Thou pleasest. I would not also condone anything which seriously impairs the rights of the citizens except in so far as they may be designed to advance the social welfare and national solidarity.
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. Federation of Pakistan v. Law itself is not a legal concept, for, what is law is really a theoretical question.
The absolute bar was only to the issuance of writs against “the Chief Administrator of Martial Law or the Deputy Chief Administrator of Martial Law or any person exercising powers and jurisdiction under the authority of either”. Jahangir represented several clients who were denied their fundamental rights. Therefore Martial law was never superior to the Constitution.
Case Law Asma Jilani vs Federation of Pakistan
The Chief Justice specifically formulated and dealt with, amongst others, the two following questions ; 1 Was there a state of war in the area included in the Lord Lieutenant’s proclamation justifying the application of Martial Law?
Brohi on the other hand, is prepared to concede only this much that an usurper may be given the limited power of acting within the framework of the Constitution, but nothing beyond that. If the grand jury did not indict such a detained person then the local Civil Judge could order the military authorities to bring the man before the Court for hearing and discharge.
The Courts in the country gave full effect to the Constitution of and adjudicated upon the rights and duties of citizens in accordance with the terms thereof by recognizing this law constitutive medium as a competent authority to exercise that function as also enforced the laws created by that medium in a number of cases.
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