| Case ID |
d7fc6e25-9fe7-4542-822b-29080a1ad972 |
| Body |
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| Case Number |
Civil Petitions Nos. 155-L, 457 and 458 of 1999 |
| Decision Date |
Mar 25, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal against the judgment of the Lahore High Court, which had declared certain provisions of the Foreign Exchange (Temporary Restrictions) Act, 1998 as ultra vires the Constitution. The Court examined various legal questions regarding the validity of the Act and the Circular issued by the State Bank of Pakistan. It concluded that the High Court had erred in its declarations and emphasized the necessity of legislative measures during emergencies, particularly in light of the economic situation following Pakistan's nuclear tests. The decision ultimately highlighted the balance between legal authority and the need for regulatory measures in times of national crisis, affirming the importance of legislative power while also ensuring the protection of rights under the Constitution. |
| Summary |
This case revolves around the Foreign Exchange (Temporary Restrictions) Act of 1998, which was enacted following Pakistan's nuclear tests. The Supreme Court of Pakistan reviewed the Lahore High Court's decision that deemed certain sections of the Act unconstitutional. The court's analysis focused on the legislative authority during emergencies, the role of the State Bank of Pakistan, and the implications of the Circulars related to foreign currency accounts. The ruling emphasized the need for regulatory frameworks to manage economic crises while adhering to constitutional principles. It raises vital questions about the balance of power between the judiciary and the legislature, particularly in times of national emergency, and affirms the court's role in protecting constitutional rights without undermining legislative intent. This case is significant for understanding the intersection of law, economics, and state policy in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI, ACTG. C.J.,
SH. IJAZ NISAR,
MAMOON KAZI, JJ
|
| Lawyers |
Ch. Muhammad Farooq, Attorney-General for Pakistan,
Ch. Akhtar Ali, Advocate-on-Record for Petitioners (in C. P.No. 155-L of 1999),
Raja Muhammad Akram, Senior Advocate Supreme Court for Respondent/Caveator (in C.P.No. 155-L of 1999),
Khalil Ahmad, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for Petitioners (in C.P. No. 458 of 1999),
Ch. Muhammad Farooq, Attorney-General for Pakistan for Respondents (in C.P. No. 458 of 1999)
|
| Petitioners |
THE FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad and others
|
| Respondents |
SHAUKAT ALI MIAN and others
|
| Citations |
1999 SLD 707,
1999 SCMR 1229
|
| Other Citations |
Not available
|
| Laws Involved |
Foreign Exchange (Temporary Restriction) Act, 1998,
Constitution of Pakistan, 1973,
Banking Companies Ordinance, 1962
|
| Sections |
4,
19,
25,
17,
18,
15,
24,
41,
91A,
16,
2A,
7,
232,
Preamble,
150,
233(1),
25,
185(3)2
|