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Pakistan Important Cases

The document outlines significant constitutional and political cases in Pakistan, detailing rulings that have shaped the balance of power between the judiciary and executive. Key cases include the validation of military takeovers, challenges to presidential powers, and the reinforcement of judicial independence. It highlights the evolving legal landscape and the impact of these cases on Pakistan's political history.

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29 views2 pages

Pakistan Important Cases

The document outlines significant constitutional and political cases in Pakistan, detailing rulings that have shaped the balance of power between the judiciary and executive. Key cases include the validation of military takeovers, challenges to presidential powers, and the reinforcement of judicial independence. It highlights the evolving legal landscape and the impact of these cases on Pakistan's political history.

Uploaded by

shahzaadahmed191
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Important Constitutional & Political Cases in Pakistan

1. Maulvi Tamizuddin Khan vs Federation (1955)

Governor General dissolved the Constituent Assembly. Sindh Chief Court ruled it illegal, but Supreme Court reversed,

invoking 'Doctrine of Necessity'. Strengthened executive power.

2. Dosso vs Federation (1958)

After 1958 Martial Law, Court upheld military takeover using Kelsen's theory of legal order. Validated new legal order

through revolution.

3. Asma Jilani vs Government of Punjab (1972)

Declared Yahya Khan as a 'usurper', rejecting Doctrine of Necessity from Dosso. Marked a return to civilian

constitutional order.

4. Nusrat Bhutto vs Chief of Army Staff (1977)

Zia's martial law challenged. Court justified it under necessity, enabling long military rule.

5. Zafar Ali Shah vs Pervez Musharraf (2000)

1999 coup validated under necessity. Court gave Musharraf 3 years to hold elections.

6. Iftikhar Chaudhry vs President Musharraf (2007)

CJ's suspension declared illegal. Sparked nationwide lawyers' movement and Musharraf's downfall.

7. Benazir Bhutto vs Federation (1988)

Challenged presidential powers under Article 58(2)(b). Highlighted imbalance in parliamentary system.

8. Haji Saifullah vs Federation (1989)

Junejo's dismissal declared illegal but Assembly not restored. Contradictory judicial stance.

9. Malik Asad Ali vs Federation (1998)


Important Constitutional & Political Cases in Pakistan

Resolved conflicts in judicial appointments. Favored judicial independence.

10. Iftikhar Muhammad Chaudhry Restoration Case (2009)

PCO judges' ouster upheld. Judiciary declared Musharraf's emergency unconstitutional.

11. Panama Papers Case (2017)

Nawaz Sharif disqualified for not declaring salary. Shifted political power towards PTI.

12. Justice Qazi Faez Isa vs Federation (2020)

Reference quashed. Case reinforced judicial independence.

13. Nawaz Sharif vs President (1993)

Dismissal of Nawaz declared illegal. But both PM and President resigned under military pressure.

14. Al-Jehad Trust vs Federation (1996)

Established merit and seniority in judicial appointments. Major win for judiciary.

15. Sindh High Court Bar vs Federation (2009)

Declared 2007 emergency and PCO unconstitutional. Reinstated judiciary.

16. Memogate Scandal Case (2011)

Investigated alleged memo seeking U.S. help. Resulted in ambassador's resignation.

17. SMC 19 of 2021 (Audio Leaks & Surveillance)

Addresses judicial privacy and digital surveillance. Ongoing concerns over independence.

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