P L D 1989 Karachi 142 (PLP)
ALI MUHAMMAD AZIZ‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through President of Pakistan and 30 others‑‑Respondents
| Citation | P L D 1989 Karachi 142 (PLP) |
| Forum / Court | |
| Bench Members | Ajmal Mian, C.J. and Abdul Rahim Kazi, J |
| Parties | ALI MUHAMMAD AZIZ‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through President of Pakistan and 30 others‑‑Respondents |
Q1: What are the key laws and sections cited in P L D 1989 Karachi 142 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1989 Karachi 142 (PLP)?
The case was heard and decided by the bench comprising: Ajmal Mian, C.J. and Abdul Rahim Kazi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1989 Karachi 142 (PLP) (ALI MUHAMMAD AZIZ‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through President of Pakistan and 30 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Date of hearing: 24th October, 1988.
Headnotes / Summary
Constitution of Pakistan (1973)‑‑ ‑‑‑Art. 17‑‑Provisions of Art.17 do not guarantee that a political party is bound to admit a person as its member though he may have different view on the political matters‑‑Political party may have its own rules for admitting a person as its member and may have its manifesto. Under Article 17 of the Constitution every citizen has the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. There is no right guaranteed that a political party is bound to admit a person as its member though he may have different view on the political matters. Wherever there is democracy a party may have its own rules for admitting a person as its member and may have its own manifesto. Petitioner in Person.
Judgment & Decree
AJMAL MIAN, C.J.‑‑The petitioner by this petition has prayed for the following reliefs:‑‑ "(1) Direct Respondents Nos. 1 and 2 to make declaration that Respondents Nos. 3 to 31 are operating in a manner prejudicial to Islamic ideology, sovereignty and integrity of Pakistan and take subsequent action of dissolution of these parties accordingly. (2) To stay the Election till adjudication of this petition."
2. The petitioner who claims to be the President of the Pakistan Peoples League has arrayed in the title of the above petition, the Government of Pakistan, the Chief Election Commissioner, as respondents Nos. 1 and 2 and some of the political parties as respondents Nos. 3 to 31 which include almost all the known political parties. He has sought the above‑quoted reliefs on the ground that the respondents political' parties are operating in the manner which involves infringement of Article 17 of the Constitution.
3. The petitioner in support of the above petition has submitted that since the Armed Forces have been called upon to act in aid of civil power in Sind, this High Court cannot exercise any jurisdiction under Article 199 in terns of Paragraph 3 of Article 245 of the Constitution. If we were to accept the above contention of the petitioner, the above petition which was filed on 13‑10‑1988, is itself misconceived and is .liable to be dismissed on that ground. However, we may observe that no document, has been produced alongwith the above petition in order to show that the Armed Forces have been called upon to act in aid of civil power in terms of Article 245 of the Constitution.
4. As regards merits of the case, it may be observed that the petitioner has submitted that since there are restrictions of becoming a member of the respondents political parties, it involves violation of Article 17 of the Constitution. In our view the above contention is devoid of any force as under Article 17 of the Constitution every citizen has the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. There is no right guaranteed that a political party is bound to admit a person as its ,q member though he may have different view on the political matters. It is well‑recognized principle in the world wherever there is democracy a party may have its own rules for admitting a person as its member and may ‑have its own manifesto. The above petition is misconceived and, therefore, it is dismissed in limine. M.B.A /A‑456/K Petition dismissed