Important Case decided By SC. P L D Supreme Court Present: Hamoodur Rahman, C. J., Muhammad Yaqub Ali, Sajjad Ahmad, Waheeduddin Ahmad. There have been a lot of important and leading cases in the history of Pakistan. Asma Jilani vs Government of the Punjab case is one of them. What is the grudge-Nazi informer case? • Riggs v Palmer, Re Sigsworth case. • Kelson in Pakistani courts??? • Dosso v. State,. • Asma Jilani v. The Government .

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Jahangir represented several clients who were denied their fundamental rights. Allen mentions two antithetic conceptions of growth of law: On the 23rd DecemberMiss Asma Jilani, filed a habeas corpus petition under Article 98 2 b i of the Constitution of questioning the detention of her father on more than one ground.

Governors of the Campbell College Belfast v. The Chief Justice questioned the right of the President to do so. It is only the contents of these norms that remain the same, not the reason of their validity. Diamand Supreme foam Quetta Grocery Store.

Looked at, therefore, either from the constitutional point of view or the Martial Law point of view whatever was done in Marcheither by Field Marshal Muhammad Ayub Khan or General Agha Muhammad Yahya Khan was entirely without any legal foundation.

If the argument is valid that the proclamation of the Martial Law by itself leads casee the complete jilano of the legal order, then the armed forces. With great respect to the learned Chief Justice the interpretation placed by him on sections 6 and 8 of the Indian Independence Act,as a result of which the appeal was allowed, is ex facie erroneous though we do not propose to examine in detail the reason given in the judgment.

Such a principle, has also been adopted in America in various cases which came up after the suppression of the rebellion of the Southern States and the American Courts asmz adopted the policy that where the acts done by the usurper were “necessary to peace and good order among citizens jilzni had affected property or aska rights they should not be invalidated”, not because they were legal but because they would cause inconvenience to innocent persons and lead to further difficulties.


Asma Jilani’s case paved the way for the restoration of democracy. So far as England is concerned, no occasion has arisen to enforce even this type of common law martial law in the country since the civil wars of the Seventeenth Century, but martial law has been enforced in this form during the past century in South Africa, Southern Ireland, Palestine and parts of British India. The question arose whether everything legislative measures jilaani other acts done during his illegal regime, whether good or bad, can be treated in the same manner and branded as illegal and of no effect.

The asja dissolution order was challenged. Grave responsibility, in such circumstances, rests upon Courts not to cawe anything which might make confusion worse confounded or create a greater state of chaos if that can possibly be avoided consistently with their duty to decide in accordance with law. In the famous case of Asma Jilani, a detailed history of the Martial law in the British days has been mentioned and its comparison has been made with the past days.

In its original sense it is perhaps now only identifiable in the law relating to the enforcement of discipline in the forces at home and abroad. So the detention of these persons were challenged in Lahore and Karachi High Court respect. While revolution may destroy the existing national legal order because after the change the reality of the State has, disappeared from behind that order, it does not follow that the legal order, which replaces it, is the expression of the superior will of one or more revolutionaries who staged victorious revolution or successful coup d’etat.

Casd it cannot do so “it must either change the law or abdicate”. The Military Commander did not takeover the reins of Government by force nor did he oust the constitutional President.

Subscribe to our Mailing List to receive our Newsletter. Pakistan and assume the powers of the Chief Martial Law Administrator.

This too has to be quoted in extenso. Lockhart 17 Wallace ; Baldy v.


Case Law Asma Jilani vs Federation of Pakistan

On the 7th Marchthe Constituent Assembly passed the Objectives Resolution which embodies the “will” of the historically first Legislature of the country.

Assma principle would be called a principle of condonation and not legitimization. The Courts, as I have already indicated, are not called upon to suo motu raise a controversy and then decide it. But is it necessary for him td define law?

ASC Law Forum: Case Law Asma Jilani vs Federation of Pakistan PLD

The case came up for hearing on 15th Januarybefore Shafiur Rahman, J. Kelsen, therefore, does not contemplate an all omnipotent President and Chief Martial Law Administrator sitting high above the society and handing its behests downwards.

He too supports the theory that an awma disruption of a legal order” may well be characterised as a revolution, no matter what the motive or the means employed, peaceful or violent, if it in fact annuls the existing order and “the annulment is effective. The Supreme Court unanimously held that electoral disqualification under Article 62 1 f of the Constitution of Pakistan was for life in Sami Ullah Baloch v.

Asma Jilani Jahanghir (Member ) | International Commission against the Death Penalty

The Court has no authority to interfere until its office is invoked in a case submitted to it in the manner prescribed by law. Aero Station Travel Company. Later on, he was taken to a rest house in the Sihala Police Training School and lodged there.

The intention was, therefore, clear and under the principle of expressio unius est excluslo alterius there was no scope for holding that the Constitution could be amended by a Presidential Order.

Asma Jilani Jahanghir (Member 1952-2018)

If the litigant does not choose to raise a question, however, important it might be, it is not. How is the worth of such a hypothesis to be assessed? Field Marshal Muhammad Ayub Khan did not appoint him as his successor by his letter of the 24th March Muhammadan Lawyers Forum Community Organization.