1993 PLP 1302 (SCMR)

‑‑‑‑Arts. 58(2)(b) & 184(3)‑‑‑Dissolution of National Assembly and dismissal of Prime Minister and the Cabinet under Art.58(2)(b) of the Constitution of Pakistan by the President of Pakistan vide Order dated 18th April, 1993 being not within the ambit of the powers conferred on the President of Pakistan under Art.58(2)(b) of the Constitution of Pakistan and other enabling powers available to him, in that behalf, was without lawful authority and of no legal effect‑‑‑National Assembly, Prime Minister and the Cabinet consequently were to stand restored and entitled to function as immediately before the Presidential Order of 18th April, 1993 was passed; all steps taken pursuance to the Presidential Order dated 18th April, 1993 passed under Art. 58(2)(b) of the Constitution of Pakistan such as appointment of Caretaker Cabinet etc. were to be of no legal effect‑‑‑Supreme Court, however, observed that all orders passed, acts done and measures taken in the meanwhile by the Caretaker Government which had been done, taken and given effect to in accordance with the terms of the Constitution and were required to be done or taken for the ordinary orderly running of the State would all be deemed to have been validly and legally done. Yahya Bakhtiar, Senior Advocate Supreme Court, Khalid Anwar, Advocate Supreme Court, Khalid M. Ishaque, Senior Advocate Supreme Court, Zakiuddin Pal, Senior Advocate Supreme Court, Aftab Farrukh, Senior Advocate Supreme Court, Ch. Muhammad Farooq, Senior Advocate Supreme Court, Raja Muhammad Akram, Senior Advocate Supreme Court, M. Akram Sheikh, Advocate Supreme Court, Ashtar Ausaf Ali, Advocate Supreme Court, Mian Saqib Nisar, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner. Aziz A. Munshi, Attorney‑General for Pakistan, Maqbool Elahi Malik, Advocate‑General, Punjab, Faqir Muhammad Khokhar, Deputy Attorney‑General, Ch. Ijaz Ahmad, Deputy Attorney‑General, M. Zahoorul Haq, Senior Advocate Supreme Court, Makhdoom Ali Khan, Advocate Supreme Court and Ch. Fazle Hussain, Advocate‑on‑Record for Respondents. Raja Muhammad Afsar, Advocate‑General, Balochistan, A.G. Mangi, Additional Advocate‑General, Sindh, M. Sardar Khan, Advocate‑General, N.‑W.F.P. and Maqbool Elahi Malik, Advocate‑General, Punjab on Court Notice. Dates of hearing: 26th, April; 8th to 12th May and 15th May to 26th May, 1993. We hold by majority of (10 to 1) that the petition is maintainable under Article 184(3) of the Constitution. On merits, by majority (of 10 to 1) we hold that the order of the 18th April, 1993, passed by the President of Pakistan is not within the ambit of the powers conferred on the President under Article 58(2)(b) of the Constitution and other enabling powers available to him in that behalf and has, therefore, been passed without lawful authority and is of no legal effect. As a consequence of our order, the National Assembly, Prime Minister and the Cabinet shall stand restored and entitled to function as immediately before the impugned order was paced. All steps taken pursuant to the order dated 18th April, 1993 passed under Article 58(2)(b) of the Constitution such as the appointment of Caretaker Cabinet etc. will, therefore, be of no legal effect. However, all orders passed, acts done and measures taken in the meanwhile by the Caretaker Government, which have been done, taken and given effect to in accordance with the terms of the Constitution and were required to be done or taken for the ordinary orderly running of the State shall all be deemed to have been validly and legally done. M.BA./M‑1762/S??????????????????????????????????????????????????????????????????????????????? Petition accepted.