2003 PLP 390 (SCMR)
JAVED JABBAR and others‑‑=Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents
| Citation | 2003 PLP 390 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed, CJ, Munir A. Sheikh, Nazim Hussain Siddiqui, Iftikhar Muhammad Chaudhry and Qazi Muhammad Farooq; JJ |
| Parties | JAVED JABBAR and others‑‑=Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents |
| Primary Law | Conduct of General Elections Order [Chief Executive's Order No.7 of 2002]‑‑ |
Q1: What are the key laws and sections cited in 2003 PLP 390 (SCMR)?
This judgment primarily cites: Conduct of General Elections Order [Chief Executive's Order No.7 of 2002]‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 390 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed, CJ, Munir A. Sheikh, Nazim Hussain Siddiqui, Iftikhar Muhammad Chaudhry and Qazi Muhammad Farooq; JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 390 (SCMR) (JAVED JABBAR and others‑‑=Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Siddiqui, Advocate Supreme Court and M.A. Zaidi, Advocate‑on Record for Petitioner (in Constitutional Petition No.38 of 2002).
- Syed Hamid Ali Shah, Advocate Supreme Court for Petitioner (in Constitutional Petition No.2 of 2003).
- Syed Hamid Ali Shah, Advocate Supreme Court for Petitioner (in Constitutional Petition No.3 of 2003).
- Qazi Muhammad Anwar, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner (in Constitutional Petition No.4 of 2003).
- Sardar Liaquat Ali, Advocate Supreme Court and Anwar H, Mir, Advocate‑on‑Record for Petitioner (in Constitutional Petition No.7 of 2003).
- Raja M. Ibrahim Satti, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate on Record for Petitioner (in Constitutional Petition No.8 of 2003).
- S. M. Abdul Wahab, Advocate Supreme Court and M.A. Zaidi, Advocate‑on‑Record for Petitioner (in Constitutional Petition No. II of 2003).
- Muhammad Asif, Advocate Supreme Court for Petitioners. (in Constitutional Petition No. 13 of 2003).
- M. Bilal, Senior Advocate Supreme Court and A.A. Siddiqui, Advocate‑on‑Record for Petitioner (in Constitutional Petition No.14 of 2003).
- Raja M. Ibrahim Satti, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate on Record for Petitioner (in Constitutional Petition No. 18 of 2003).
- Raja M. Ibrahim Satti, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate on Record for Petitioner (in Constitutional Petition No. 19 of 2003).
- Syed Zulfiqar Abbas Naqvi, Advocate Supreme Court and M.A. Zaidi, Advocate‑on‑Record for Petitioners (in Constitutional Petition No.20 of 2003).
- S. Iftikhar H. Gillani, Advocate Supreme Court and M.S. Khattak, Advocate‑on‑Record for Petitioners (in Constitutional Petition No.23 of 2003).
- Makhdoom Ali Khan, Attorney‑General for Pakistan assisted by Shahid Karim and Khurram M. Hashmi, Advocate, High Court and Mehr Khan Malik, Advocate‑on‑Record for Respondents.
- Dates of hearing: 6th and 7th February, 2003.
- Sahibzada Ahmed Raza Qasuri, Senior Advocate Supreme Court (in Constitutional Petition No.24 of 2003).
Headnotes / Summary
‑‑‑‑Art.8‑AA [as inserted by Conduct of General Elections (Eighth Amendment) Order [Chief Executive's Order No.34 of 2002], Art.2‑‑ Constitution of Pakistan (1973), Arts. 184(3) & 25‑‑‑Constitutional petition under Art. 184(3) of the Constitution before Supreme Court‑‑ Disqualification from being a member of the Senate ‑‑‑Vires of Art.8‑AA, Conduct of General. Elections Order, 2002‑‑‑Held, Article 8‑AA, Conduct of General Elections Order, 2002 is discriminatory in nature and as such violative of Art.25 of the Constitution‑‑‑Disqualification attributed to defeat in consequence of lawful act of contesting election of the National and Provincial Assemblies should have been provided in the original Conduct of General Elections Order, 2002 itself, so that, the affected persons should have got an opportunity to avoid suffering from such disqualification. Petitioner in person (in Constitutional Petition No. 12 of 2003). Sahibzada Ahmed Raza Qasuri, Senior Advocate Supreme Court (in Constitutional Petition No.24 of 2003). Shabbar Raza Rizvi, A.‑G. Punjab and Jehanzeb Rahi, A.‑G., N.‑W.F.P. (on Court's Notice).
Judgment & Decree
S. M. Abdul Wahab, Advocate Supreme Court and M.A. Zaidi, Advocate‑on‑Record for Petitioner (in Constitutional Petition No. II of 2003). Petitioner in person (in Constitutional Petition No. 12 of 2003). Muhammad Asif, Advocate Supreme Court for Petitioners. (in Constitutional Petition No. 13 of 2003). M. Bilal, Senior Advocate Supreme Court and A.A. Siddiqui, Advocate‑on‑Record for Petitioner (in Constitutional Petition No.14 of 2003). Raja M. Ibrahim Satti, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate on Record for Petitioner (in Constitutional Petition No. 18 of 2003). Raja M. Ibrahim Satti, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate on Record for Petitioner (in Constitutional Petition No. 19 of 2003). Syed Zulfiqar Abbas Naqvi, Advocate Supreme Court and M.A. Zaidi, Advocate‑on‑Record for Petitioners (in Constitutional Petition No.20 of 2003). S. Iftikhar H. Gillani, Advocate Supreme Court and M.S. Khattak, Advocate‑on‑Record for Petitioners (in Constitutional Petition No.23 of 2003). Sahibzada Ahmed Raza Qasuri, Senior Advocate Supreme Court (in Constitutional Petition No.24 of 2003). Makhdoom Ali Khan, Attorney‑General for Pakistan assisted by Shahid Karim and Khurram M. Hashmi, Advocate, High Court and Mehr Khan Malik, Advocate‑on‑Record for Respondents. Shabbar Raza Rizvi, A.‑G. Punjab and Jehanzeb Rahi, A.‑G., N.‑W.F.P. (on Court's Notice). Dates of hearing: 6th and 7th February, 2003. SH. RIAZ AHMED, C.J.‑‑Through this common short order, we propose to dispose of the captioned petitions which were filed under Article 184(3) of the Constitution of Islamic Republic of Pakistan, assailing insertion of Article 8‑AA in the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002) whereby it was enacted that a person who had been defeated in the elections of National and Provincial Assemblies held in October, 2002, shall be disqualified to contest the election for a seat in the Senate. After hearing learned counsel representing the petitioners in these petitions and Mr. Makhdoom Ali Khan, the learned Attorney‑General for Pakistan, and for reasons to be incorporated subsequently through a detailed order, we hold that Article 8‑AA (ibid), is discriminatory in nature and as such violative of Article 25 of the Constitution of Islamic Republic of Pakistan. We further hold that disqualification attributable to defeat in consequence of lawful act of contesting election of the National and Provincial Assemblies should have been provided in the original order itself, being impugned herein, so that, the affected persons should have an opportunity to avoid to suffer such disqualification. M.B.A./J‑36/S Order accordingly.