1981 PLP 716 (CLC)
Malik GHULAM JILANI‑Petitioner Versus PROVINCE OF PUNJAB AND 6 OTHERS‑Respondents
| Citation | 1981 PLP 716 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Shafi‑ur‑Rehman, J |
| Parties | Malik GHULAM JILANI‑Petitioner Versus PROVINCE OF PUNJAB AND 6 OTHERS‑Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 716 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 716 (CLC)?
The case was heard and decided by the Lahore bench comprising: Shafi‑ur‑Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 716 (CLC) (Malik GHULAM JILANI‑Petitioner Versus PROVINCE OF PUNJAB AND 6 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Aitzaz Ahsan for Petitioner.
- Date of hearing : 17th March, 1979.
Headnotes / Summary
(a) Constitution of Pakistan (1973)‑ Arts. 41 & 45, President's Succession Order (P. O. 13 of 1978) and Prison Rules, 1978, r. 104 (Jail Manual)‑Petitioner on strength of mercy petition, cannot get a substantial cause with regard to lawful authority of detaining authority or pardoning authority to be examined in its full legal perspective‑Superintendent Jail not concerned with de facto or de jure authority of President and required to see only that he received an order from appropriate quarter through hierarchy provided and prescribed in Jail Manual‑Power to pardon, grant of abeyance or refusal to grant, held, cannot be collaterally challenged in proceedings started after filing mercy petition such being within scope of quo warranto proceedings. (b) Constitution of Pakistan (1973)‑ ‑Arts. 41 & 45 read with President's Succession Order (P. O. 13 of 1978) and Prison Rules, 1978, r. 104‑Authority of President qua mercy petition‑Intact and his de facto office prima facie found established by existence of de jure office, colour of authority or title, physical possession, public recognition, reputation and existence of revolutionary Government. Nasirullah Khan Babar v. Chief of Army Staff, G. X. Q., Rawalpindi and another P L D 1979 Pesh. 23 ref.
Judgment & Decree
(a) Constitution of Pakistan (1973)‑ Arts. 41 & 45, President's Succession Order (P. O. 13 of 1978) and Prison Rules, 1978, r. 104 (Jail Manual)‑Petitioner on strength of mercy petition, cannot get a substantial cause with regard to lawful authority of detaining authority or pardoning authority to be examined in its full legal perspective‑Superintendent Jail not concerned with de facto or de jure authority of President and required to see only that he received an order from appropriate quarter through hierarchy provided and prescribed in Jail Manual‑Power to pardon, grant of abeyance or refusal to grant, held, cannot be collaterally challenged in proceedings started after filing mercy petition such being within scope of quo warranto proceedings. (b) Constitution of Pakistan (1973)‑ ‑Arts. 41 & 45 read with President's Succession Order (P. O. 13 of 1978) and Prison Rules, 1978, r. 104‑Authority of President qua mercy petition‑Intact and his de facto office prima facie found established by existence of de jure office, colour of authority or title, physical possession, public recognition, reputation and existence of revolutionary Government. Nasirullah Khan Babar v. Chief of Army Staff, G. X. Q., Rawalpindi and another P L D 1979 Pesh. 23 ref. Aitzaz Ahsan for Petitioner. Date of hearing : 17th March, 1979.