Important Case decided By SC. P L D Supreme Court Present: Hamoodur Rahman, C. J., Muhammad Yaqub Ali, Sajjad Ahmad, Waheeduddin Ahmad. There have been a lot of important and leading cases in the history of Pakistan. Asma Jilani vs Government of the Punjab case is one of them. What is the grudge-Nazi informer case? • Riggs v Palmer, Re Sigsworth case. • Kelson in Pakistani courts??? • Dosso v. State,. • Asma Jilani v. The Government .

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Asma Jilani Vs Govt. of the Punjab – CSS Forums

But the phrase ‘remains valid’, does not give an adequate description of the phenomenon. Allen mentions two antithetic conceptions of growth of law: This provision, as very appropriately pointed out by Mr. Reason and Ijtihad ; Juristic Exposition. Applying these tests to the President’s Order No. The question, therefore, is still at large and has for the first time now been raised before this Court in this specific form. He was jilaani attempting to lay down any legal jilsni or legal norms which are “the daily concerns of Judges, legal practitioners or administrators”.

I am not in a position, there. Even the imposition of Martial Law by his proclamation is of doubtful validity, because the proclamation should have come from the civil authorities and it was only then that under the jjlani the Commander of the armed forces could have moved into action. National and Provincial Assemblies were set up and the country continued to be governed in accordance with its terms until the 25th of March The question of imposition of “military rule” as an incident of jus belli of international law could ijlani, in the circumstances, possibly have arisen.

List of cases of the Supreme Court of Pakistan

Can Martial law in this form be exercised within the country? The Federal Court again in the case of Yusuf Patel v.

Help Center Find new research papers in: It is interesting to note that one of the detenus before us; namely, Malik Ghulam Jilani, was originally arrested under rule 32 read with rule of the Defence of Pakistan Rules “with a view to preventing him from acting in a manner prejudicial to security, public safety and interest and defence of Pakistan. As soon as the first opportunity arises, when the coercive apparatus falls from the hands of the usurper; he should be tried for high treason and suitably punished.

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There is no doubt that a usurper may do things both good and bad, and he may have during the period of usurpation also made many Regulations or taken actions which would be valid if emanating from a lawful Government and which may well have, in the course of time, affected the enforcement of contracts, the celebration of marriages, the settlement of estates, the transfer of property and similar subjects.

On the stepping aside of the constitutional President the constitutional machinery should have automatically come into effect and the Speaker should have taken over as Acting President until fresh elections were held for the choice of a successor.

To hold to the contrary today, if that were possible, would have the effect of disturbing a great many things done during the period of Martial Law, affecting individuals and institutions and in certain cases the whole of a Province, which things were valid in the period they were done, and have formed the basis of further actions by the authorities as well as by the citizens concerned.

Asma Jilani’s case paved the way for the restoration of democracy. On these facts if a dispute arises involving the determination whether the new Government of East Pakistan is de jure, will the municipal Courts of West Pakistan confer recognition on it, because a victorious revolution is a jilank method of changing the Constitution and the new order has become efficacious as the individuals whose behaviour the new order regulates actually behave by and large in nilani with new order. If Muhammad Munir, C.

Asma Jilani Jahanghir (Member 1952-2018)

Sami Ullah Baloch v. The High Court admitted the petition for regular hearing and issued notice to the Government of the Punjab for the 31st of December Thou exaltest whomsoever Thou pleaaest and Thou abasest whomsoever Thou pleasest.

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It is now clear to the world from such late publications as What is Justice? In any event, it is contended that the Court in Dosso’s case went even beyond Kelsen himself and the theory propounded by this Court actually amounts to making a rule of international law a rule of decision in the field julani municipal law.

Kelsen was only trying to lay down a pure theory of law as a rule of normative science consisting of “an aggregate or system of norms”. Judiciary plays a very important role in the interpretation of the statutes and laws. I have been referred to the decision of the Privy Council in the case of Madzimbamuto v.

If one wishes to know what law is, he said, one should view it through jilni eyes of a bad man, who is only concerned with what will happen to him if he does certain things. They are no longer valid by virtue of having been created in the way the old constitution prescribed.

Thus where there is no break in the legal continuity of the State itself, no question of recognition of an internal Government of a State arises, although according to international practice whenever a new Head of a State assumes office the other States are as a matter of courtesy “notified and usually recognise the new Head by some iilani act as a message of congratulation”. Incidentally It may also be pointed out here that this particular aspect of the question was not considered in Dosso’s case and, as such, the principles therein laid down did not debar the High Court from going into this question.

Proclamation of Martial Law. And they have been so deprived not only de facto but also de jure.