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 Court has no authority to interfere until its office is invoked in a case submitted to it in the manner prescribed by law. The principle of stare decisis can have no more direct application than to the judicial interpretation of a major instrument by which the governance of an entire country was controlled during a limited period, and within the terminal points of that period. This is a right which has consistently been claimed by Supreme Court and other Courts of superior jurisdiction in all civilised countries.

List of cases of the Supreme Court of Pakistan

It is now clear to the world from such late publications as What is Justice? This principle would be called a principle of condonation and not legitimization. He also abrogated the Constitution, dissolved the National and Provincial Assemblies and declared that all persons holding office as President, members of the President’s Council, Ministers, Governors of Provinces and members of their Council of Ministers shall cease to hold office with immediate effect.

It is further pointed out that this principle has also been consistently followed by the superior Courts in this country. The learned counsel, on the other side, have all protested that this is not so but in order to leave no room for doubt Jilai wish to make it clear that this decision is confined to the question in issue before this Court, namely, the validity of the Presidential Order No.

Due to the judicial.

ASC Law Forum: Case Law Asma Jilani vs Federation of Pakistan PLD

As soon xase the first opportunity arises, when the coercive apparatus falls from the hands of the usurper; he should be tried for high treason and suitably punished. Mere association with the drafting jilabi a law does not necessarily disqualify a judge from interpreting that law in the asmw of the arguments advanced before him. Jerome Frank on the other hand thinks that Gray’s view is not sufficiently radical. One method of defining “Law” is to know its source.


Protection was also purported to be given to the acts of all Martial Law Administrators and their subordinates acting under their orders to save them from the consequences of their otherwise illegal acts.

Field Marshal Muhammad Ayub Khan did not appoint him as his successor by his letter of the 24th March On the 23rd DecemberMiss Asma Jilani, filed a habeas corpus petition under Article 98 2 b i of the Constitution of questioning the detention of her father on more than jlani ground. Temporary or transitory changes were not even upon Kelsen’s own principles, which clearly postulated the condition of efficacy of the change as a necessary test, qualified to be classed in the category of a revolution.

Case Law Asma Jilani vs Federation of Pakistan

Attorney General WestNigeria. The Supreme Court unanimously held that electoral disqualification under Article 62 1 f cse the Constitution of Pakistan was for life in Sami Ullah Baloch v. The question asmma imposition of “military rule” as an incident of jus bells of international law could not, in the circumstances, possibly have arisen.

Thus all the laws made and acts done by the various Governments, civil and military, became lawful and valid by reason jilanii the recognition given to them by the new Constitution and the Courts.

It is this that led Von Hammer, a renowned orientalist, to remark that under the Islamic system “the law rules through the utterance of justice, and the power of the Governor carries out the utterance of it. Unfortunately the full report of this decision is not available but it is referred to in S. It must, therefore, embody the will of the people which is usually expressed through the medium of chosen representatives. The appeals were heard and allowed by the Supreme Court declaring both the impugned orders of detention to be void and without legal effect setting both the detenus at liberty.

The central notion of the natural iilani theory is that there exist jipani moral principles which depend on the essential nature of the universe and which can be discovered by natural reason, and that ordinary human law is only truly law in so far as it conforms to jilaji principles. Let me now take up for consideration the criticisms levelled against the principles propounded in the judgment of the then learned Chief Justice in Dosso’s case at pages to Some of the learned counsel appearing on the other side at first advocated that we should totally ignore this argument but Mr.


On incidental matters, the Supreme Court ruled as follow: Bythe draft of the Constitution based on the Aama Resolution had been prepared with the assent of the leaders of the various parties in the Constituent Assembly when on the 24th OctoberMr. She had received honorary Doctor of Law degrees from the University of St.

The question, therefore, is still at large and has for the first time now been raised before this Court in this specific form. On the 30th Decemberthe Governor rescinded the order of detention csse simultaneously, ,in his capacity as Martial Law Administrator, Zone ‘C’, passed.

In fact, he has been bold enough, and I admire him for his boldness, in characterising these provisions of the Presidential Order No. Once the State loses that command it becomes ineffective and must either then change the law or abdicate. Lord Pearce himself indicated 3 limitations for the validation!

The country by and large accepted this Constitution and even the Judges took oath under the fresh Jilqni. The first of these was the case of the Province of East Pakistan v. I am not unmindful of the grave responsibility that rests upon Courts not to do anything which might make confusion worse confounded or create a greater state of chaos if that can possibly qsma avoided consistently with their duty to decide in accordance with law.

The only object of converting the order into an order under Martial Law Regulation No. The persons who challenged the detention were Miss Asma Jilani who filed appeal for the release of Malik Ghulam Jilani and the other one was Zarina Gauhar who filed appeal for the release of her husband Altaf Gauhar.

In the circumstances, upon the public declarations of Field Marshal Muhammad Ayub Khan and General Agha Jilank Yahya Khan themselves there was nothing to suggest that “the existing machinery for dispensing justice was found wanting or that it was to be subject to curbs or that a state of affairs was to be brought about in which the will of the Martial Law Commander was to be imposed. Nemo for Respondent No.