SCMR 1989

1989SCMR801 (PLP)

ISLAMIC REPUBLIC OF PAKISTAN — Petitioner Versus SPEAKER, NATIONAL ASSEMBLY OF PAKISTAN and others — Respondents

Jurisdiction / Court
Lahore
Decided Date
C.M.P. in Civil Petition for Leave to Appeal No.388-R of 1988, decided on 30th September, 1988.
Honorable Judges
Muhammad Haleem, CJ
Case Reference Summary (AEO Optimized)
Citation 1989SCMR801 (PLP)
Forum / Court Lahore
Bench Members Muhammad Haleem, CJ
Parties ISLAMIC REPUBLIC OF PAKISTAN — Petitioner Versus SPEAKER, NATIONAL ASSEMBLY OF PAKISTAN and others — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989SCMR801 (PLP)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989SCMR801 (PLP)?

The case was heard and decided by the Lahore bench comprising: Muhammad Haleem, CJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989SCMR801 (PLP) (ISLAMIC REPUBLIC OF PAKISTAN — Petitioner Versus SPEAKER, NATIONAL ASSEMBLY OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Aziz A. Munshi, Attorney-General of Pakistan and Fazl-i-Hussain, Advocate-on-Record for Petitioner.
  • Aziz A. Munshi, Attorney‑General of Pakistan and Fazl‑i‑Hussain, Advocate‑on‑Record for Petitioner.
  • On a petition for leave to appeal having been presented by the Federation of Pakistan by Aziz A. Munshi, Attorney‑General of Pakistan, instructed by Chaudhry Fazl‑i‑Hussain, Advocate‑on‑Record, the Supreme Court was pleased to pass an order on 30‑9‑1988 that pending disposal of the petition, the operation of the order dated 27‑9‑1988 of the Lahore High Court in regard to the unconstitutional dissolution of the National Assembly and the Provincial Assembly of Punjab is suspended.

Headnotes / Summary

Art.185(3)--Unconstitutional dissolution of National Assembly and Provincial Assembly of Punjab--Holding meeting of dissolved National Assembly--Prayer for stay of--Supreme Court, on a petition for leave to appeal by Federation of Pakistan had already passed an order that pending disposal of petition, operation of the order of the High Court in regard to the unconstitutional dissolution of National Assembly and Provincial Assembly of Punjab was suspended--As a consequence thereof, Speaker of National Assembly, former MNA, a respondent in petition and Secretary of National Assembly, and any other person claiming under them were restrained from calling and holding meeting of dissolved National Assembly on specified date or at any other date at the capital area or at any other places as per notification issued by the Speaker/Secretary or otherwise in any manner either directly or indirectly or conducting any proceeding or doing any act whatsoever in purported capacity as Speaker/Secretary-members of the Dissolved National Assembly.

Judgment & Decree

‑‑‑Art.185(3)‑‑Unconstitutional dissolution of National Assembly and Provincial Assembly of Punjab‑‑Holding meeting of dissolved National Assembly‑‑Prayer for stay of‑‑Supreme Court, on a petition for leave to appeal by Federation of Pakistan had already passed an order that pending disposal of petition, operation of the order of the High Court in regard to the unconstitutional dissolution of National Assembly and Provincial Assembly of Punjab was suspended‑‑As a consequence thereof, Speaker of National Assembly, former MNA, a respondent in petition and Secretary of National Assembly, and any other person claiming under them were restrained from calling and holding meeting of dissolved National Assembly on specified date or at any other date at the capital area or at any other places as per notification issued by the Speaker/Secretary or otherwise in any manner either directly or indirectly or conducting any proceeding or doing any act whatsoever in purported capacity as Speaker/Secretary‑members of the Dissolved National Assembly. Aziz A. Munshi, Attorney‑General of Pakistan and Fazl‑i‑Hussain, Advocate‑on‑Record for Petitioner. On a petition for leave to appeal having been presented by the Federation of Pakistan by Aziz A. Munshi, Attorney‑General of Pakistan, instructed by Chaudhry Fazl‑i‑Hussain, Advocate‑on‑Record, the Supreme Court was pleased to pass an order on 30‑9‑1988 that pending disposal of the petition, the operation of the order dated 27‑9‑1988 of the Lahore High Court in regard to the unconstitutional dissolution of the National Assembly and the Provincial Assembly of Punjab is suspended. As a consequence thereof, the Speaker of the National Assembly, Flap Muhammad Saifullah Khan, former MNA, and Secretary of the National Assembly, Islamabad and any other persons claiming under them are restrained from calling and holding meeting of the dissolved National Assembly on 2‑10‑1988 or on any other date at Islamabad or at any other places as per notification dated 29‑9‑1988 issued by the Speaker/Secretary or otherwise in any manner either directly or indirectly or conducting any proceeding or doing any act whatsoever in purported capacity as Speaker/Secretary members of the dissolved National Assembly. AA./1‑63/S Order accordingly.