P L D 2001 KARACHI 240


Frame (2)

Per S. A. Rabbani, J.

(a) Constitution of Pakistan (1973), Article s 46, 48, 90 & 99

In any case, however, the Supreme Court has validated the proclamation, the P.C.O. I of 1999 and Order I of 2000, by the verdict in the case of ‘Syed Zafar Ali Shah v. General Pervez Musharraf, Chief Executive of Pakistan and others with other connected petitions (2000 SCMR 1137). Referring to the submission of Mr. Shahid Orakzai, one of the petitioners in those cases, following observation was made:

“270. There is no force in the submissions of Mr. Shahid Orakzain that the impugned action of the Armed Forces was within the contemplation of the Constitution as envisaged by Article 46, 48, 90 and 99 of the Constitution. Suffice it to say that extra-Constitutional nature of the situation did not have any nexus/connection with the provisions of the Constitution relating to the working of the Federal Government in line with the provision for its Continuation in office in the event of its dismissal within the comtemplation of the Constitution’. Put differently, the action dated 12-10-1999 is in itself sufficient to be equated with something beyond the contemplation of the Constitution and, therefore, no question regarding the same being attended to by the Courts for resolution by treating it as having been taken under Constitution arises. Viewed in this context, the reference to Articles 46, 48, 90 and 99 of the Constitution by Mr. Shahid Orakzai is wholly irrelevant. The above Articles do not provide a solution regarding the circumstances prevalent on 12th October, 1991.”

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