| Case ID |
0014a24e-799b-4f65-b48f-aed1eb2f06cd |
| Body |
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| Case Number |
Constitutional Petitions Nos. D-159 to 163, 156 to |
| Decision Date |
Jun 03, 1999 |
| Hearing Date |
Jun 03, 1999 |
| Decision |
The Sindh High Court ruled on the constitutional validity of the Sindh Irrigation (Amendment) Ordinance (VII of 1999), particularly section 5, which annulled the orders granting irrigation water through various canals to 107 individuals. The court held that the Governor's satisfaction regarding the necessity of immediate action was justiciable and that the annulment of rights without compensation was unconstitutional. The court emphasized the importance of protecting individual property rights and the need for legislative actions to adhere to principles of natural justice. The ruling highlighted the overlap of legislative and executive powers, affirming that even in emergencies, the legislature must provide fair processes before annulling rights. |
| Summary |
This case revolves around the constitutional challenge against the Sindh Irrigation (Amendment) Ordinance (VII of 1999) that annulled previously granted irrigation rights to landowners. The Sindh High Court examined the legality of the ordinance, focusing on the powers of the Governor to legislate in emergencies and the protection of property rights under the Constitution of Pakistan. The court found that the ordinance violated principles of natural justice and failed to provide a reasonable basis for the classification of affected individuals. This case underscores the delicate balance between legislative power and individual rights, emphasizing the importance of due process in governance. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED, JUSTICE,
WAHID BUX BROHI, JUSTICE
|
| Lawyers |
Jhamat Jethanand,
Rasool Bux Unar,
Muhammad Yousuf Leghari,
Dost Muhammad Kokachi,
P.M. Amer,
M. Hashim Memon,
Bhimraj R. Mullani,
Ahmad Raza Siddiqui,
Ejaz Ali Hakro,
Mushtaq Ahmad Arain,
Ch. Naseer Ahmad,
Faiz Muhammad Soomro,
Bahadur Ali Baloch,
M. Ibrahim Soomro,
Salahuddin Panhwar,
S. Akhtar Saeed,
Iqbal Raad, Advocate-General, Sindh,
Mian Khan Malik, Addl. A.G., Sindh
|
| Petitioners |
GHULAM NABI
|
| Respondents |
PROVINCE OF SINDH AND OTHERS
|
| Citations |
1999 SLD 1238,
1999 PLD 372
|
| Other Citations |
In re: Syed Akhlaq Hussain, Advocate PLD 1965 Lah. 147,
Kazi Abdul Majeed v. Government of Sindh PLD 1976 Kar. 600,
Farooq Ahmad Leghari v. Federation of Pakistan PLD 1999 SC 57,
Fauji Foundation v. Shamimur Rehman PLD 1983 SC 457,
Al Jehad Trust v. Federation of Pakistan PLD 1996 SC 324,
National Industrial Cooperative Credit Corporation v. Province of Punjab PLD 1992 Lah. 462,
U.S. v. Lovett 328 US 303,
U.S. v. Brown 381 US 438
|
| Laws Involved |
Sindh Irrigation (Amendment) Ordinance (VII of 1999),
Constitution of Pakistan (1973)
|
| Sections |
5,
2A,
24,
25,
128
|