| Case ID |
f7aff333-ca33-49ae-807b-c7b56daf338b |
| Body |
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| Case Number |
Civil Appeals Nos. 24 and 28 of 1973 |
| Decision Date |
Mar 11, 1974 |
| Hearing Date |
Nov 26, 1973 |
| Decision |
The Supreme Court ruled on the jurisdiction of the High Court to examine cases of government servants dismissed or removed under Martial Law Regulations. It held that the amendments made in the Interim Constitution, particularly Article 281, did not oust the jurisdiction of the High Court regarding actions taken without jurisdiction or mala fides. The Court emphasized that actions taken under the Martial Law Regulations that were coram non judice or mala fide could be scrutinized by the High Court despite the amendments. The Court dismissed the appeals filed by the Government, affirming the High Court's decision to retain jurisdiction over such cases, thus allowing those dismissed to seek redress. The ruling reinforced the principle that judicial review remains paramount in ensuring lawful governance and protection of individual rights against arbitrary state action. |
| Summary |
This case addresses the jurisdiction of the Supreme Court of Pakistan over actions taken under Martial Law Regulations. The Supreme Court ruled that the High Court retains the authority to review government actions that are deemed without jurisdiction or carried out mala fide, despite amendments made to the Interim Constitution. The case involved multiple parties, including government officials and educational authorities, and challenged the constitutionality of dismissals under these regulations. The Court's decision underscored the importance of judicial oversight in maintaining the rule of law and protecting citizens' rights, particularly in the context of actions taken during periods of martial law. Key legal principles regarding the interpretation of constitutional provisions and the limits of executive power were affirmed. This case serves as a significant reference for future legal disputes involving administrative actions and the extent of judicial review in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
GOVERNMENT OF PUNJAB,
THE FEDERATION OF PAKISTAN
|
| Judges |
HAMOODUR RAHMAN, C, J.,
MUHAMMAD YAQUB ALI,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED, JJ
|
| Lawyers |
Yahya Bakhtiar, Attorney General for Pakistan,
Irshad Hassan Khan, Advocate Supreme Court,
Iftikhar-ud-Din Ahmad, Advocate-on-Record for Appellant,
Manzur Qadir, Senior Advocate Supreme Court,
Salim Ahmad Malik, Advocate-on-Record for Respondents Nos. 1, 3 to 12, 14 to 23, 35 to 81, 83 to 125, 127 to 155, 157 to 162, 164, 166 to 246,
Ejaz Ahmad Khan, Advocate-on-Record for Respondent No. 13,
Abdul Karim, Advocate-on-Record for Respondent No. 34,
Hamid Aslam Qureshi, Advocate-on-Record for Respondent No. 157,
Mahmud Akhtar Qureshi, Advocate-on-Record for Respondents Nos. 163 and 166,
M. B. Zaman, Advocate General Punjab,
Mohammad Abdullah Bajwa and Mian Nusratullah, Advocates Supreme Court,
Ijaz Ali, Advocate-on-Record for Appellant,
Salim Ahmad Malik, Advocate-on-Record for Respondents Nos. 1, 3 to 72
|
| Petitioners |
THE FEDERATION OF PAKISTAN THROUGH THE SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN RAWALPINDI,
THE SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF PUNJAB
|
| Respondents |
SAEED AHMAD KHAN AND OTHERS,
M. R. TOOSY, ExPRINCIPAL, GOVERNMENT COLLEGE, SARGODHA AND OTHERS
|
| Citations |
1974 SLD 7,
1974 PLD 151
|
| Other Citations |
Miss Asma Mani v. The Government of Punjab P L D 1972 S G 139,
The State v. Zia-ur-Rahman P L D 1973 S C 49,
Corpus Juris Secundum, Vol. 16,
Azizur Rahman Choudhury v. M. Nasiruddin P L D 1965 S C 236
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
281(2),
201,
279(1)(c)
|