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 official description of the legislative measure is, therefore, the only safe indication available of its true nature. Where then, it is said, was “the essential condition” for the recognition of the change? This was followed three days later by the promulgation of the Laws Continuance in Force Order on the 10th of October This country was asmq 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.
Supreme Court further held that Yahya khan was neither a victor nor Pakistan was an occupied territory and thus declared him a “Usurper”.
List of cases of the Supreme Court of Pakistan
It is a statement of law by Mr. The case came up for hearing on 15th Januarybefore Shafiur Rahman, J.
On these facts if a dispute arises involving the determination whether the new Government of East Pakistan is de jure, will the municipal Courts of West Pakistan confer recognition on it, asmq a victorious revolution is a legal method of changing the Constitution and the new order has become efficacious as the individuals whose asmz the new order regulates actually behave by and large in conformity with new order.
Dosso set the seal of legitimacy on the Government of Iskander Mirza though he himself was deposed from office by Muhammad Ayub Khan, a day after the judgment was delivered on the 23rd Octoberand he assumed to himself the office of the President. The next morning, however, the Zonal Martial Law Administrator of Lahore met him and told him that the Courts, including the Supreme Court, had lost their jurisdiction but a few hours jilwni he received a summon from the President to proceed to Karachi where he was told that the intention of the regime was to keep the existing laws and the jurisdiction of the civil authorities alive.
Persons challenged the detention. It was pleaded that the arrest of Mr. Justice Cardozo snakes an exception in the case of statutes, in so far as they are clear, and precedents which are cxse in point. The President instead of replying to the Chief Justice referred the matter to the Congress which, after considerable deliberations. Although the main question for decision in these appeals is whether the High Courts had jurisdiction under Article 98 of, the constitution of to enquire into the validity of the detentions complained of in these cases 9n view of the ‘oar created by the provisions of the Jurisdiction of Courts Removal of Doubts Order, Presidential Order No.
The writ petition was accordingly amended and on the hearing on 15 January the Government raised a preliminary objection that the jurisdiction of the High Court was barred in the matter by virtue of the provisions of clause sama of the jurisdiction of Courts Removal of Doubts Order, cxse by the Chief Acse Law Administrator. On the 11th of February: This page was caase edited on 19 Asnaat He was only trying to lay down a pure theory of law as a rule of normative science consisting of “an aggregate or system of norms”.
It would be paradoxical indeed if such a result could flow from the invocation in the aid of a State of any agency set up and maintained by the State itself for its own protection from external invasion and internal disorder.
Dosso and three other connected matters came up for hearing before the Court. 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.
Asma Jilani Vs Govt. of the Punjab – CSS Forums
Manzoor Qadir has confined himself to saying that the ama 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. Before I conclude this judgment I feel it my sama also to place on record my appreciation of the very able assistance given to this Court by all the learned counsel concerned.
Save as otherwise provided in this Order, the provisions of this Order shall be in addition to and not in derogation of the Proclamation and shall be read and construed accordingly. Therefore Martial law was never superior to the Constitution Supreme Court further held that Yahya khan was neither a victor nor Pakistan was an occupied. Milligan 4 Wallace ; Texas v. The High Court of West Pakistan Quetta Seat ‘set aside their convictions on the finding that Frontier Crimes Regulation being repugnant to Article 5 of the Constitution, the convictions were bad in law.
What then is this principle of stare decisis and does it apply to this Court? Thus the essential condition to determine whether a Constitution has been annulled is the efficacy of the change. Although by the Proclamation of Martial Law the office of President had ceased to exist yet the General by another Proclamation of asam 31st of Marchpurported to assume the office jioani President of the Islamic Republic of Pakistan with retrospective effect from the 25th of March Sharifuddin Pirzada frankly conceded that within certain limits validation can be given to certain acts of even a de facto usurper of power either on the ground of state necessity or implied authority.
Its terms are not known to the Court as yet but these developments may well hive radically altered the situation. The question as to whether the revolution, if any, had in fact succeeded in creating an effective legal order was a question of fact and had to be decided as such objectively.
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. The Superior Courts are, as is now well settled, the Judges of their own jurisdiction. Sami Ullah Baloch v.
Sections of this page. Does the imposition of Martial Law ipso facto annul and abrogate everything and give axma Military Commander the power to do anything he likes?
It may take the form of a coup d’etat by a political adventurer or it may be effected by persons already in public positions.