SCMR 2007

2007 PLP 817 (SCMR)

N/A

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Reference No.1 of 2006, decided on 20th February, 2007.
Honorable Judges
Iftikhar Muhammad Chaudhry, C.J. Abdul Hameed Dogar, Sardar Muhammad Raza Khan, Khalil-ur-Rehman Ramday, Muhammad Nawaz Abbasi, Mian Shakirullah Jan, Saiyed Saeed Ashhad and Nasir-ul-Mulk, JJ
Case Reference Summary (AEO Optimized)
Citation 2007 PLP 817 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Iftikhar Muhammad Chaudhry, C.J. Abdul Hameed Dogar, Sardar Muhammad Raza Khan, Khalil-ur-Rehman Ramday, Muhammad Nawaz Abbasi, Mian Shakirullah Jan, Saiyed Saeed Ashhad and Nasir-ul-Mulk, JJ
Parties N/A
Primary Law North-West Frontier Province Hisba Bill, 2005
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2007 PLP 817 (SCMR)?

This judgment primarily cites: North-West Frontier Province Hisba Bill, 2005 as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2007 PLP 817 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J. Abdul Hameed Dogar, Sardar Muhammad Raza Khan, Khalil-ur-Rehman Ramday, Muhammad Nawaz Abbasi, Mian Shakirullah Jan, Saiyed Saeed Ashhad and Nasir-ul-Mulk, JJ.

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

Cite this legal precedent as: 2007 PLP 817 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

North-West Frontier Province Hisba Bill, 2005

Representation

  • Dates of hearing: 19th and 20th February, 2007.
  • Makhdoom Ali Khan, Attorney-General for Pakistan assisted by Faisal H. Naqvi, Uzair Karamat Bhandari, Khurram M. Hashmi, Advocates, and M.S. Khattak, Advocate-on-Record for the President.
  • Khalil Anwar, Senior Advocate Supreme Court Pir Liaqat Ali Shan, Advocate-General, N.-W.F.P., assisted by Munib Akhtar, Advocate for Government of N.-W.F.P.

Headnotes / Summary

Ss. 2(11) & 3(2)

North-West Frontier Province Hisba Bill 2006, Ss.23 & 14

Constitution of Pakistan (1973), Art.186

Advisory jurisdiction of the Supreme Court

Reference by the President of Pakistan--Opinion expressed by the Supreme Court in Reference No.2 of 2005 by the President of Pakistan (reported as PLD 2005 SC 873) having been complied with except in respect of provisions of Ss.2(11) & 3(2) of the North-West Frontier Province Hisba Bill, 2005 which appeared to have escaped the notice of the Provincial Legislature, Supreme Court directed that due consideration now be given to the said provisions

Supreme Court further opined that any violation of the provisions of S.23 of North-West Frontier Province Hisba Bill, 2006 shall not be subject to S.14 hereof. Makhdoom Ali Khan, Attorney-General for Pakistan assisted by Faisal H. Naqvi, Uzair Karamat Bhandari, Khurram M. Hashmi, Advocates, and M.S. Khattak, Advocate-on-Record for the President. Khalil Anwar, Senior Advocate Supreme Court Pir Liaqat Ali Shan, Advocate-General, N.-W.F.P., assisted by Munib Akhtar, Advocate for Government of N.-W.F.P. Kifayatullah, Deputy Secretary and Inayatullah, Assistant Secretary for Speaker Provincial Assembly, N.-W.F.P. OPINION

Judgment & Decree

Makhdoom Ali Khan, Attorney-General for Pakistan assisted by Faisal H. Naqvi, Uzair Karamat Bhandari, Khurram M. Hashmi, Advocates, and M.S. Khattak, Advocate-on-Record for the President. Khalil Anwar, Senior Advocate Supreme Court Pir Liaqat Ali Shan, Advocate-General, N.-W.F.P., assisted by Munib Akhtar, Advocate for Government of N.-W.F.P. Kifayatullah, Deputy Secretary and Inayatullah, Assistant Secretary for Speaker Provincial Assembly, N.-W.F.P. Dates of hearing: 19th and 20th February, 2007. OPINION For the reasons to be recorded later, in our unanimous view, opinion expressed in Reference No.2 of 2005 (Hisba Bill, 2005) has been complied with except the provisions of the section 2(11) and section 3(2) of the Hisba Bill, which appears to have escaped the notice of the Provincial Legislature, which may now be given due consideration.

2. We are further of the opinion that any violation of the provisions of section 23 of the Hisba Bill, 2006 shall not be subject to section 14 hereof. M.B.A./R-4/SC Order accordingly.