P L D 1999 SC 57

Per : Ajmal Mian, C.J.

(a) Constitution of Pakistan (1973) Arts. 232(1), 233(1), (2), 15, 16, 17, 18, 19, 24, 10, 23, 25 & 183(3)

1) That the petition are maintainable.

2) That the material placed before this Court and shown to us in the Chambers, prima facie indicate that the President was justified in issuing the Proclamation under clause (1) of Article 23 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the Constitution.)

3) That keeping in view the effect of the Proclamation provided for in clause (1) of Article 233 of the Constitution, which authorities the State to make any law or to take any executive action in deviation of Article 15, 16, 7, 18, 19 and 24 of the Constitution and also keeping in view the language of Article 10, 23 and 25 (which are hedged with qualifications), we are of the view that an order under clause (2) of Article 233 of the Constitution for suspending the enforcement of the fundamental Rights was not justified and, therefore, the original order dated 28-5-1998 and the order dated 13-7-1998 varying the above earlier order are declared as without lawful authority and of no legal effect.

4) That this Court has jurisdiction to review/re-examined the continuation of Emergency at any subsequent stage, if the circumstances to warrant.” (pp. 65) B

One comment

  1. Which articles of the constitution of 1973 are not suspended during emergency?

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