| Case ID |
2a998171-f769-469f-9fb7-5f830087e165 |
| Body |
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| Case Number |
Civil Appeals Nos. 18-D to 25-D of 1958 |
| Decision Date |
Jul 09, 1959 |
| Hearing Date |
May 11, 1959 |
| Decision |
The Supreme Court ruled on multiple appeals concerning the acquisition of wakf properties by the Government of East Pakistan. The Court reaffirmed the right to establish and maintain religious institutions protected under Article 18 of the Constitution. It held that the High Court had erred in dismissing writ applications based on the argument that the acquisitions violated fundamental rights. The Court emphasized that the jurisdiction of the High Court was binding under the law as declared by the Supreme Court, and that the acquisitions were void if the properties were indeed wakf. The decision led to the remittance of the cases for further examination regarding the status of the properties in question. |
| Summary |
This case involves the Supreme Court of Pakistan's adjudication on a series of civil appeals regarding the acquisition of wakf properties under the East Bengal State Acquisition and Tenancy Act. The appellants challenged the legality of the notifications issued by the Provincial Government, arguing that they violated their constitutional rights to maintain religious institutions as guaranteed by Article 18 of the Constitution of Pakistan (1956). The Court's decision highlighted the importance of protecting religious institutions and the fundamental rights associated with them, as well as the procedural requirements for such acquisitions. The ruling ultimately reinforced the legal framework surrounding wakfs and their protection under law, emphasizing the necessity for government actions to comply with constitutional mandates. The case is significant for its implications on property rights, religious freedoms, and the interpretation of constitutional law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
Government of East Pakistan,
High Court of East Pakistan
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. SHAHABUDDIN,
A. R. CORNELIUS,
AMIRUDDIN AHMAD,
S. A. RAHMAN, JJ
|
| Lawyers |
A. K. Brohi,
A. B. Mahmud Hossain,
H. S. Suhrawardy,
Nasim Hasan Shah,
A. T. M. Mustafa,
S. M. Abbas
|
| Petitioners |
THE PROVINCE OF EAST PAKISTAN,
THE SECRETARY, FINANCE AND REVENUE (REVENUE) DEPARTMENT, EAST PAKISTAN, DACCA
|
| Respondents |
MD. MEHDI ALI KHAN,
Syed MUHAMMAD ALI,
KHURRAM KHAN PANNI,
Shah ZILLUR RAHMAN Choudhury,
FATEHDAD KHAN GHAZNAVI,
ENAYAT HOSSAIN Chowdhury,
YAR ALI KHAN,
A. B. M. SHAYESTA KHAN
|
| Citations |
1959 SLD 358,
1959 PLD 387
|
| Other Citations |
P L D 1957 S C (Pak.) 9,
P L D 1958 S C (Pak.) 533
|
| Laws Involved |
Constitution of Pakistan (1956),
Government of India Act, 1935,
Laws (Continuance in Force) Order (Post Proclamation I of 1958),
East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951)
|
| Sections |
Art. 157 (1),
Art. 18 (b),
Art. 4,
S. 205,
Art. 2 (7),
S. 3
|