1988 PLP 351 (SCMR)
Miss BENAZIR BHUTTO — Petitioner Versus THE FEDERATION OF PAKISTAN and another — Respondents
| Citation | 1988 PLP 351 (SCMR) |
| Forum / Court | ---Ss.3-A & 3-B--Constitution of Pakistan (1973), Arts. 17 & 270-A- Vires of Ss.3-A and 3-B of Act (III of 1962), inserted by Ordinance XLII of 1979, challenged as being violative of Art.17 of Constitution-- Held, since matter was to be assessed in the light of Art.270-A of the Constitution and questions raised were of public importance, same required full consideration by Supreme Court--Notices were issued to Attorney-General for Pakistan, Election Commission and Advocates General of Provinces.-- Vires of Legislation. |
| Bench Members | Muhammad Heleem, C.J., Muhammad Afzal Zullah, |
| Parties | Miss BENAZIR BHUTTO — Petitioner Versus THE FEDERATION OF PAKISTAN and another — Respondents |
| Primary Law | Political Parties Act (III of 1962) |
Q1: What are the key laws and sections cited in 1988 PLP 351 (SCMR)?
This judgment primarily cites: Political Parties Act (III of 1962) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 351 (SCMR)?
The case was heard and decided by the ---Ss.3-A & 3-B--Constitution of Pakistan (1973), Arts. 17 & 270-A- Vires of Ss.3-A and 3-B of Act (III of 1962), inserted by Ordinance XLII of 1979, challenged as being violative of Art.17 of Constitution-- Held, since matter was to be assessed in the light of Art.270-A of the Constitution and questions raised were of public importance, same required full consideration by Supreme Court--Notices were issued to Attorney-General for Pakistan, Election Commission and Advocates General of Provinces.-- Vires of Legislation. bench comprising: Muhammad Heleem, C.J., Muhammad Afzal Zullah,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 351 (SCMR) (Miss BENAZIR BHUTTO — Petitioner Versus THE FEDERATION OF PAKISTAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Yahya Bakhtiar, Barrister-at-law, Senior Advocate, Supreme Court assisted by Aitzaz Ahsan, Barrister-at-law, Advocate, Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner
- Nemo for Respondents.
- Date of hearing: 6th December, 1987.
- ---Ss.3-A & 3-B--Constitution of Pakistan (1973), Arts. 17 & 270-A- Vires of Ss.3-A and 3-B of Act (III of 1962), inserted by Ordinance XLII of 1979, challenged as being violative of Art.17 of Constitution-- Held, since matter was to be assessed in the light of Art.270-A of the Constitution and questions raised were of public importance, same required full consideration by Supreme Court--Notices were issued to Attorney-General for Pakistan, Election Commission and Advocates General of Provinces.--[ Vires of Legislation].
- Accordingly, we would direct notice to issue to the Attorney General for Pakistan, the Election Commission and the Advocates General of the Provinces for a date to be fixed in the first week of February, 1988. The parties are required to complete all the necessary formalities required by the Rules of this Court before the hearing of the petition.
Headnotes / Summary
Ss.3-A & 3-B--Constitution of Pakistan (1973), Arts. 17 & 270-A- Vires of Ss.3-A and 3-B of Act (III of 1962), inserted by Ordinance XLII of 1979, challenged as being violative of Art.17 of Constitution-- Held, since matter was to be assessed in the light of Art.270-A of the Constitution and questions raised were of public importance, same required full consideration by Supreme Court--Notices were issued to Attorney-General for Pakistan, Election Commission and Advocates General of Provinces.--[ Vires of Legislation].
Judgment & Decree
MUHAMMAD HALEEM, C.J.--Mr. Yahya Bakhtiar, learned counsel for the petitioner has mainly confined his attack to the vires of sections 3-A and 3-B of the Political Parties Act, 1962, which were inserted therein by Ordinance No. XLII of 1979 as being violative of Article 17 of the Constitution of the Islamic Republic of Pakistan This contention has to be assessed in the light of Article 270-A of the Constitution which purports to give protection to this Ordinance. These constitutional questions are of public importance and require full consideration by this Court. Accordingly, we would direct notice to issue to the Attorney General for Pakistan, the Election Commission and the Advocates General of the Provinces for a date to be fixed in the first week of February, 1988. The parties are required to complete all the necessary formalities required by the Rules of this Court before the hearing of the petition. M.I./M-289/S Order accordingly.