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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But it must not be overlooked that since his own powers are limited to deciding a controversy properly brought before him by a litigant or on his behalf, an equal duty lay on the gentlemen of the Bar as well to raise this question. It is impossible in every form of society governed by law to disengage and personify a “sovereign” as thus understood, with the artificial precision which Hobbes and Austin assume.

All the theories of law are at one in viewing law as consistent of rules. With great respect to the learned Chief Justice the interpretation placed by him on sections 6 and 8 of the Indian Independence Act,as a result of which the appeal was allowed, is ex facie erroneous though we do not propose to examine in detail the reason given in the judgment.

Important Case decided By SC.

If the litigant does not choose to raise a question, milani, important it might be, it is not for the Court to raise it suo motu. The Court on the very next day, i. Thus where there is no break in the legal continuity of the State itself, no question of recognition of an internal Government of a State arises, although according to international practice whenever a new Head of a State assumes office the other States are as a matter of iilani “notified and usually recognise the new Head by some formal act as a message of congratulation”.

A conditio sine qua non, but not a conditio per quam. Thereafter, only on the 4th of April a Provisional Constitution Order was enacted whereby the Constitution ofwas by and large restored, and it was provided that the country was to be governed as nearly as may be in accordance with its terms subject to the Proclamation of Martial Law and subject to any Regulation or Order that may be made from time to time by the Chief Martial Law Administrator Vide Article 3 1.

Pakistan claims that East Pakistan is a part of Pakistan, but a.

The writs, therefore, were of the nature which were permitted by clause 4 of Article 2 of the Laws Continuance in Force Order,and were certainly not directed against either 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.


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, Cse Orders and even Ordinances. No municipal Court will, therefore, rely jilxni it as a rule.

Thou exaltest whomsoever Thou pleasest and Thou abasest whomsoever Thou pleasest. However, as this question has been raised, regarding the validity of Martial Law Regulation No. It is only the caae of jilanu norms that remain the same, not the reason of their validity. It was settled in this appeal that courts gave full effect to constitution ofand all laws made and acts of various civil and military governments became lawful and valid due to that recognition, which constitution of and courts gave them.

He was not attempting to lay down any legal norm or legal norms which are “the daily concerns of Judges, legal practitioners or administrators”‘, In his early works this distinction was not made clear but in he attempted in his book “Rechtslehre” to clarify the confusion by pointing out, as Julius Stone observes, “that the propositions of the pure theory of law are mere jurists’ propositions about law and that they do not bind the Judge, in the way in which legal norms bind him”.

Where then, jilaji is said, was “the essential condition” for the recognition of asmq change?

Asma Jilani Jahanghir (Member 1952-2018)

Its ideology is enshrined in the Objectives Resolution of the 7th Aprilwhich inter alia declares “wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah”. If this appraisal of Kelsen is correct, then the decision in the case State v.

Salmond describes “law” as body of principles recognised and applied by the State in the administration of justice as the rules recognised and acted upon by Courts of justice.

Therefore, Martial law was never qsma to the Constitution. The question, therefore, is still at large and has for the first time now been raised before this Court in this specific form. All his actions were also declared illegal When Asma Jilani’s judgment was released, Yahya khan was not in power, but now it was.

Therefore Martial law was never asmaa to the Constitution. The Government on the other hand claimed that the Court could net go behind the Proclamation. 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. This is a right which has consistently been claimed by Supreme Court and other Courts of superior jurisdiction in all civilised countries.


Brohi is of the jilxni that the fallacy underlying the jilai in Dosso’s case lies in the fact that it has accepted a purely legal theory of law as a question of law itself, although it was nothing more than “a question about law” and no legal judgment could possibly be based on such a purely hypothetical proposition.

List of cases of the Supreme Court of Pakistan – Wikipedia

This action of the General was, it is said, supported even by President Lincoln vase the ground that due to the state of insurrection then prevailing in the Southern States the President had lawfully authorized the General to suspend the writ of habeas corpus.

Even otherwise it is contended that the rule of stare decisis is merely a rule of expediency and not “a universal inexorable command”. The only object of converting the order into an order under Martial Law Regulation No.

Principle laid down in State Vs Dosso.

List of cases of the Supreme Court of Pakistan

It was settled in this appeal that courts gave full effect to constitution ofand all laws made and acts of various civil and military governments became lawful and valid due to that recognition, which constitution of and courts gave them.

Archived from the original on It is obvious therefore, from these orders themselves that what could be done under Martial Law Regulation No. Maulvi Jialni Khan and Doctrine of necessity. Any order made under paragraph I may require the person against whom it is made to enter into a bond, with or without sureties, for the due observance of the restrictions and conditions specified in the order. So far as this Court is concerned it has always acted in accordance zsma its oath and will continue to do so whenever a controversy is brought before it, no matter what the consequences.

They had not only de facto validity but also acquired de jure validity by reason of the unquestioned recognition extended to them by the Courts of highest jurisdiction in the country. These are indeed very extraordinary powers for taking away the most cherished right of a citizen in a most arbitrary manner.

If the argument is valid that the proclamation of the Martial Law by itself leads to the complete destruction of the legal order, then asm armed forces do not assist the state in suppressing disorder but actually create further disorder, by disrupting the entire legal order of the state. Persons challenged the detention.

The country by and large accepted this Constitution and even the Judges took oath under the fresh Constitution.