| Case ID |
03fb734f-d099-4abe-a64a-3c6073990711 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No. 14 of 1998 |
| Decision Date |
May 06, 1999 |
| Hearing Date |
Mar 25, 1999 |
| Decision |
The Supreme Court dismissed the petition filed by Shahid Orakzai challenging the Proclamation of Emergency issued by the President. The Court held that it has the jurisdiction to examine the prerequisites for the exercise of power under the Constitution and that the suspension of fundamental rights was not justified when the State had already acquired power to make laws or take executive actions deviating from certain articles of the Constitution. The Court concluded that the prayers for restoration of rights and penalties against the President were misconceived and the procedure for impeachment could not be enforced through the Court. |
| Summary |
This case revolves around the constitutional jurisdiction of the Supreme Court of Pakistan under Article 184(3) of the 1973 Constitution, particularly concerning the Proclamation of Emergency declared by the President. The petitioner, Shahid Orakzai, contested the legality of the Proclamation and the subsequent suspension of fundamental rights. The Supreme Court examined whether it had the authority to assess the legality of the President's actions in light of the constitutional provisions. The Court referenced previous cases, including Farooq Ahmed Khan Leghari v. Federation of Pakistan, to establish that it could intervene if the actions were found to be without jurisdiction. Ultimately, the Court found the suspension of fundamental rights unwarranted and dismissed the petition, emphasizing that impeachment procedures outlined in Article 47 could not be pursued through judicial means. This case is significant for understanding the balance of power between the executive and judiciary in Pakistan, especially in times of emergency. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Saiduzzaman Siddiqui, ACTG. C.J.,
Sh. Ijaz Nisar,
Mamoon Kazi, JJ
|
| Lawyers |
Maulvi Anwarul Haq, Deputy Attorney-General for Respondents
|
| Petitioners |
Shahid Orakzai
|
| Respondents |
another,
President of Pakistan, Islamabad
|
| Citations |
1999 SLD 383,
1999 SCMR 1598
|
| Other Citations |
Farooq Ahmed Khan Leghari v. Federation of Pakistan PLD 1999 SC 57,
Shahid Orakzai v. Mian Muhammad Nawaz Sharif PLD 1999 SC 46
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
184(3),
232,
233,
10,
23,
25,
47
|