| Case ID |
173e856e-4c83-4310-b5dd-3aa4d97a258d |
| Body |
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| Case Number |
Civil Appeals Nos. 1238 and 1239 of 1990 |
| Decision Date |
Nov 06, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court accepted the appeals filed by the Federal Government and the Province of North-West Frontier against the Peshawar High Court's decision. The Court found that the High Court had failed to observe the mandatory requirement of Order XXVIIA, Rule 1 of the Civil Procedure Code, which necessitates notice to the Attorney-General when constitutional questions are involved. The Court concluded that the High Court's judgment declaring the dissolution of the Provincial Assembly as unconstitutional was a nullity due to this procedural lapse. The Court underscored that the dissolution was justified due to widespread corruption and a breakdown of constitutional order, thus restoring the Provincial Assembly and Cabinet was not warranted. The decision reinforced the importance of adhering to procedural requirements in constitutional matters. |
| Summary |
This case revolves around the dissolution of the North-West Frontier Provincial Assembly by the Governor, Amir Gulistan Janjua, under Article 112 of the Constitution of Pakistan, which was challenged in the Peshawar High Court. The Supreme Court of Pakistan ultimately ruled in favor of the Federal Government and the Province, emphasizing the necessity of compliance with procedural mandates in constitutional law. The case highlights critical themes such as constitutional integrity, the role of public authorities, and the implications of political corruption on governance. The ruling reiterates the importance of proper legal processes and the necessity for transparency and accountability in government actions. Keywords: Constitutional Law, Peshawar High Court, Supreme Court of Pakistan, Political Corruption, Governing Procedures, Legal Compliance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
FEDERATION OF PAKISTAN,
North-West Frontier Province
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
NASIM HASAN SHAH,
SAIFUR RAHMAN,
SAAD SAOOD JAN,
NAIMUDDIN,
SAJJAD ALI SHAH,
WALI MUHAMMAD KHAN
|
| Lawyers |
Aziz A. Munshi, Attorney-General for Pakistan,
Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court,
Ch. Ijaz Ahmad, Deputy Attorney General,
Nizam Ahmad, Deputy Attorney General,
M. Akram Shaikh, Advocate Supreme Court,
Ch. Fazal-e-Hussain, Advocate-on-Record,
M. Sardar Khan, Advocate-General, N.W.F.P.,
Zahoorul Haq, Advocate,
S. Iftikhar Gilani, Advocate Supreme Court,
Ch. Aitzaz Ahsan, Advocate Supreme Court,
Qazi M. Anwar, Advocate Supreme Court,
Muhammad Nawaz Abbasi, Assistant Advocate-General Punjab,
Rao Muhammad Yusuf Khan, Advocate-on-Record for the Government of Punjab,
Raja Muhammad Anwar, Senior Advocate Supreme Court Amicus curiae
|
| Petitioners |
AFTAB AHMAD KHAN SHERPAO
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Islamabad and others
|
| Citations |
1992 SLD 441,
1992 PLD 723
|
| Other Citations |
PLD 1989 SC 166,
AIR 1941 FC 16,
AIR 1951 Bom. 121,
PLD 1961 (W.P.) Lah. 536,
PLD 1967 Lah. 882,
AIR 1976 SC 714,
PLD 1977 SC 599,
1986 SCMR 962,
1970 AC 1136,
PLD 1971 SC 124
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
Order XXVIIA, Rule 1,
Article 112,
Article 199
|