ASMA JILANI CASE PDF
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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This is a right which has consistently been claimed by Supreme Court and other Courts of superior jurisdiction in all civilised countries.
These are indeed very extraordinary powers for taking away the most cherished right of a citizen in a most arbitrary manner. The Court, as has been pointed out by the learned Attorney-General himself who appeared on behalf of one of the respondents in that case, in fact, proceeded on the assumption that the Laws Continuance in Force Order was a valid law and heard no arguments challenging the validity asja the said Order itself. Thereupon the petitioner moved the High Court, for taking action against the D S.
The decision in Dosso’s case is now, according to him, the legal order and that has to be followed. 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.
List of cases of the Supreme Court of Pakistan – Wikipedia
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 later 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.
Such rules are regarded by natural law as dictates of reason, to positivism as decrees of the sovereign and by realism as the practice of the Courts. Later on, he was taken to a rest house in the Sihala Police Training School and lodged there.
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.
The petition for bail was heard on the 18th February. This case was followed by the interim Constitution of and then by the permanent constitution of It was held in this appeal that superior courts are judge of their own jurisdiction. Important Case decided By SC. The Military Commander, however, did not allow the constitutional machinery to come into effect but usurped cxse functions of Government and started issuing all kinds of Martial Law Regulations, Presidential Orders and even Ordinances.
Law under which Mr. The detention of both of them was challenged.
Hans Kelsen, it is furthermore contend ed, is not the only legal theorist who thought that the de jiani sovereign can also be regarded in the juridical concept as also the de jute sovereign in certain circumstances. What Kelsen has said about the legitimacy of norm and legal authority of a revolutionary Government must be read separately and not mixed up. As soon as the necessity for the exercise of the military power is over, the civil administration must, of necessity, be restored, and assume its normal role.
The Tribunals so set up are neither judicial bodies nor Courts Martial under the Army, Navy or the Air Force Acts but are merely bodies set up to advise the Military Commander as to ‘the action he should take.
Case Law Asma Jilani vs Federation of Pakistan
As a matter of fact, it is only if we adopt the construction put upon Article 4 in Dosso’s case that an inconsistency between Article 4 and Article 2 is created and it is an accepted principle that we should lean in favour of a construction that puts a consistent interpretation on the different parts of a statute. Dosso, came up for hearing on the 13th of October The basic concept underlying this unalterable principle of sovereignty is that the entire body politic becomes a trustee for the discharge of sovereign functions.
This has not been abrogated by any one so far, nor has this been departed or deviated from by any regime, military or Civil.
In Pakistan to the superior Courts gave judgments which became precedents. 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. For this purpose I shall assume without admitting that the impugned observations were not merely obiter dicta, even though after reading the whole judgment with great care I regret that I have not been able to discover therein any reference to any argument advanced on behalf of the respondents with regard to the vires of the Laws Continuance in Force Order,itself.
Dosso, PLD S. Martial Law could not have arisen in the circumstances. But soon thereafter, realizing the danger of the abuse of that power, passed another law adding provisos to the power of the President to suspend the writ of habeas corpus even in times of war. If this be so, then from where did General Agha Muhammad Yahya Khan acquire the right to assume control of the reins of Government?
The efficacy of the total legal order is a condition, but not the reason for the validity of its constituent norm. The will of the people is nowadays often expressed through the medium of Legislature comprising of the chosen representatives of the people. It is now clear to the world from such late publications as What is Justice?
A seven panel bench issued a unanimous two-page order declaring the action illegal. In the circumstances supposed no new State is brought into existence though Aristotle thought otherwise.
Dicey’s Law of the Constitution, p.