| Case ID |
14a04266-f54e-4ede-a4f1-f95c5a92396b |
| Body |
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| Case Number |
Writ Petition No. 13274 of 1995 |
| Decision Date |
Oct 30, 1996 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled on the legality of the Proclamation issued by the President under Article 234 of the Constitution, which had led to the removal of Mian Manzoor Ahmad Wattoo from the office of Chief Minister. The Court emphasized that the President's satisfaction must be based on objective conditions demonstrating a breakdown of the constitutional machinery. The Court also noted that the mere resignations of Ministers do not constitute a constitutional breakdown. It was established that the Governor's actions were not justified under the Constitution as they were not based on sufficient grounds demonstrating that the government could not function according to constitutional provisions. |
| Summary |
This case revolves around the legal and constitutional implications of the President's Proclamation under Article 234, which led to the removal of Chief Minister Mian Manzoor Ahmad Wattoo. The Lahore High Court analyzed the division of powers within the federation and the circumstances under which the President can intervene in provincial governance. The Court ruled that the President's satisfaction must be grounded in clear evidence of constitutional failure, emphasizing the importance of maintaining provincial autonomy. This case highlights crucial aspects of constitutional law in Pakistan, particularly the balance of power between federal and provincial authorities, making it significant for understanding the constitutional framework of governance in Pakistan. Keywords: constitutional law, Pakistan, Lahore High Court, Article 234, provincial autonomy, federal government. |
| Court |
Lahore High Court
|
| Entities Involved |
Federation of Pakistan,
Governor of Punjab,
Mian Manzoor Ahmad Wattoo
|
| Judges |
KHALIL-UR-RAHMAN KHAN, C.J.,
MUNIR A. SHEIKH,
MALIK MUHAMMAD QAYYUM, JJ.
|
| Lawyers |
S.M. Zafar,
Zahid Hussain Syed,
Muhammad Zaman Qureshi,
Syed Iqbal Haider,
Masud Mirza,
Faqir Muhammad Khokhar,
D.A.G.,
Altaf Hussain,
Aitzaz Ahsan,
Mian Abdul Sattar Najam,
Mian Jamil Akhtar,
Nasim Kashmiri,
Fauzi Zafar,
Asif Majid Awan,
Malik Ghulam Jilani
|
| Petitioners |
Mian MANZOOR AHMAD WATTOO
|
| Respondents |
FEDERATION OF PAKISTAN,
S.M. Masud,
Raja Muhammad Anwar,
Raja Shafqat Khan Abbasi
|
| Citations |
1997 SLD 418,
1997 PLD 38
|
| Other Citations |
PLD 1994 SC 738,
PLD 1989 SC 166,
PLD 1993 SC 473,
PLD 1992 SC 646
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 1,
Arts. 234 & 58(2)(b)
|