1998 PLP 1616 (SCMR)
Sardar FAROOQ AHMAD KHAN LEGHARI and others‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents
| Citation | 1998 PLP 1616 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, CJ., Saiduzzaman Siddiqui, Irshad Hasan Khan, Raja Afrasiab Khan, Muhammad Bashir Jehangiri, Nasir Aslam Zahid and Munawar Ahmad Mirza, JJ |
| Parties | Sardar FAROOQ AHMAD KHAN LEGHARI and others‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1998 PLP 1616 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1616 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, CJ., Saiduzzaman Siddiqui, Irshad Hasan Khan, Raja Afrasiab Khan, Muhammad Bashir Jehangiri, Nasir Aslam Zahid and Munawar Ahmad Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1616 (SCMR) (Sardar FAROOQ AHMAD KHAN LEGHARI and others‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shehzad Jehangir, Senior Advocate Supreme Court for Petitioner (in C.P. No. 10 of 1998).
- Nemo for Petitioner (in C.P. No. 11 of 1998).
- M. Warn Ch., Advocate Supreme Court for Petitioner (in C.P. No. 12 of 1998).
- Syed Shabbar Raza Rizvi, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioner (in C.P. No. 16 of 1998).
- Hamid Khan, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Petitioner (in C.P. No. 17 of 1998).
- Ch. Muhammad Farooq, Attorney-General for Pakistan, Tanvir Bashir Ansari, Deputy Attorney-General, Sh. Anwarul Haq, Deputy Attorney-General, Sher Zaman Khan, Deputy Attorney-General, Saeeduz Zafar, Deputy Attorney General and Ch. Akhtar Ali, Advocate-on-Record on Court's Notice.
- S. Sharifuddin Pirzada, Senior Advocate Supreme Court for the Federation of Pakistan.
- Malik Sikandar Khan, A.-G. Balochistan, M. Sardar Khan, A.-G., N.-W.F.P., Ashter Ausaf Ali, A.-G., Punjab, Miss Yasmin Saigal, Asst., A.-G., Pb, Rao M. Yousuf, Advocate-on-Record and M. Iqbal Radd, A.G., Sindh on Court's Notice.
Judgment & Decree
For the reasons to be recorded later on, we unanimously hold as under:-- (1) That the petitions are maintainable. (2) That the materials placed before this Court and shown to us in the Chamber, prima facie indicate that the President was justified to issuing the Proclamation under clause (1) of Article 232 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the Constitution) (3) That keeping in view the effect of the Proclamation provided for in clause (1) of Article 233 of the Constitution, which authorises the State to make any law or to take any executive action in deviation of Articles 15, 16, 17, 18, 19 and 24 of the Constitution and also keeping in view the language of Articles 10, 23 and 25 (which are hedged with qualifications), we are of the view that an order under clause (2) of Article 233 of the Constitution for suspending the enforcement of the Fundamental Rights was not justified and, therefore, the original order dated 28-5-1998 and the order dated 13-7-1998 varying the above earlier order are declared as without lawful authority and of no legal effect. (4) That this Court has jurisdiction to review/re-examine the continuation of Emergency at any subsequent stage, if the circumstances so warrant. M.B.A./F-28/S Order accordingly.