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Government and Society in Pakistan: Synopsis

This document summarizes two important constitutional cases in Pakistan: 1) State versus Dosso (PLD 1958 SC(Pak)1953) which established that the Laws (Continuance in Force) Order, 1958 was the new legal order that replaced the 1956 Constitution after President Iskander Mirza imposed martial law and dismissed the central and provincial legislatures. 2) The NRO Case which questions whether the removal of Supreme Court and High Court judges on November 3rd, 2007 violated the constitution, and whether Justice Iftikhar Muhammad Chaudhry remains the rightful Chief Justice of Pakistan.

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20 views2 pages

Government and Society in Pakistan: Synopsis

This document summarizes two important constitutional cases in Pakistan: 1) State versus Dosso (PLD 1958 SC(Pak)1953) which established that the Laws (Continuance in Force) Order, 1958 was the new legal order that replaced the 1956 Constitution after President Iskander Mirza imposed martial law and dismissed the central and provincial legislatures. 2) The NRO Case which questions whether the removal of Supreme Court and High Court judges on November 3rd, 2007 violated the constitution, and whether Justice Iftikhar Muhammad Chaudhry remains the rightful Chief Justice of Pakistan.

Uploaded by

dogarsahab
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Government and

Society in Pakistan
Synopsis

Title: Constitutional Cases



Ubaid Ur Rahman Dogar
AS# 157
[Pick the date]

Synopsis
State versus Dosso ( PLD 1958 SC(Pak)1953)
BACKGROUND
On the 7th October 1958, President Iskander Mirza annulled the Constitution of 1956, dismissed
the Central and Provincial Legislatures, imposed Martial Law and took over the entire
administrative and legislative machinery. Immediately thereafter Laws (Continuance in Force)
Order 1958 was promulgated on 11
th
October, 1958 as a result of which all laws, other than the
Constitution of 1956, which were in force before the assumption of authority by Martial Law
Administration, were validated and the jurisdiction of the Courts was restored. Thus, (
Continuance in Force ) Order, 1958 was the NEW LEGAL ORDER, which replaced the old
legal order i.e. the 1956 Constitution. General Ayub Khan was appointed as Chief Martial Law
Administrator(CMLA).
This is one of the famous cases in the judicial history of Pakistan. A murder took place in the
LORALAI District of Baluchistan. The murder was committed by a person named Dosso. He
was arrested by the Tribal authorities and was handed over to the council of elders or Grand
Assembly called LOYA JIRGA, under the FCR, 1901.
NRO Case Background:
Whether the removal of Judges of Supreme Court and High Courts on 3.11.2007 was not only
violative of Article 209 of the Constitution of Pakistan, 1973 but was against the rule laid down
by the bench of twelve (12) Judges of Supreme Court in the case of Syed Zafar Ali Shah (PLD
2000 SC 869). The subsequent validation in the case of Tika Iqbal Khan (PLD 2008 SC 178) a
smaller bench of the Supreme Court is per incuriam and in any event, is not by a Supreme Court
that is de jure.
Whether Justice Abdul Hameed Dogar could not be treated as Constitutional head of the
Supreme Court even after the decision in the case of Tika Iqbal Khan (supra) as he himself was
the real beneficiary of the said Judgment and contrary to one of the cardinal principles of Natural
justice, no person should be judge in his own cause had headed the Bench.
Whether in view of the facts and reasons stated above Justice Iftikhar Muhammad Chaudhry is
still the Chief Justice of Pakistan as per Constitution and all appointments and reappointments
made in the Supreme Court and High Courts without consultation of de jure Chief justice of
Pakistan are unlawful, illegal, ultra-vires of the Constitution as well as malafide.

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