Declaring the martial law to be illegal, the court dubbed the chief martial law. Asma jilani vs government of the punjab case is one of them. Jahangir, renowned pakistani human rights lawyer and social activist who cofounded and chaired the human rights commission of. She received her law degree from punjab university in 1978 after she fell in love with and got married to tahir jahangir, a. Pakistani rights activist and lawyer asma jilani jahangir. Former chief justice of pakistan justice saeeduzzaman siddiqui has also said that at no point the aljihad trust case judgment binds the chief justice to recommend the chief justice of a high court to be elevated as judge of the supreme court and the chief justice could recommend number two or. When asma jilanis judgment was released yahya khan was not. The persons who challenged the detention were miss asma jilani who filed appeal for the release of malik ghulam jilani and the other one was zarina gauhar who filed appeal for the release of her husband altaf gauhar. Pld 1972 sc 9 refers to asma jilani vs the government of punjab which was a writ petition challenging the imposition of martial law in pakistan by general yahya khan in 1969. The judgment in asma jilani case completed the occupation of power by. Maulvi tamizuddin khans case, usif patels case, dossos case, asma jelanis, begum nusrat bhuttos, miss benazir bhutto and syed zafar ali shah are taken from the various regimes of martial law, are the circumstantial. Asma jilani vs government of the punjab and another constitution of pakistan 1973, article 2a, 4, 6, 44, 49, 199, 232. This was how romandutch law began and it was later to form the basis of the present stsenkamp law in south africa in a form that had been expanded by steenkampp were. Pakistani human rights activist asma jilani jahangir, who faced death threats by fighting for unpopular causes and was jailed in the 1980s for her prodemocracy work during military rule, died on sunday in lahore.
Province of punjab arises nut of a judgment of a learned single judge of the lahore high court, dismissing a petition under article 98 2 b i of the constitution of 1962 filed to question the validity of the detention of the father of the petitioner. Asma jilanis case paved the way for the restoration of democracy. In any event, if a grundnorm is necessary for us i do not have to. Asma jehangir, pakistani lawyer and human rights activist. Due to the judicial pronouncement in the case of asma jilani, zulfikar ali bhutto was compelled to remove the martial law. The observations of the chief justice in dossos case are not correct that upon the principles.
List of cases of the supreme court of pakistan wikipedia. The constitution was suspended on july 5, 1977, and general ziaul haq imposed martial law, which was challenged in the supreme court by begum nusrat bhutto in 1977. Upon this analysis, i am, with the utmost respect for the then learned chief. It develops law by giving judgments which become precedents. There have been a lot of important and leading cases in the history of pakistan.
The writ was filed by ijaz batalvi on behalf of asma jilani who was detained by. Asma jilanis case paved the way for the restoration of democracy in the country. Due to the judicial pronouncement in the case of asma jilani, bhutto was compelled to remove the martial law. Asma jilani vs government of punjab in the famous case of asma jilani, a detailed history of the martial law in the british days has been mentioned. The government of punjab, pld 1972 sc 9 an introduction to the background of the case asma jilani case is the one of those. The judgment in the usif petal case had forbidden the governor general from receiving the constitution framed by a particularly elected convention after he dissolved the constituent assembly in 1954. Unknown 18 may at member feedback about ex parte boedel steenkamp. Doctrine of necessityapplication in pakistan cases of.
Case law asma jilani vs federation of pakistan and its facts, principles of rule of law and beach of supreme court under history of constitution. Asma jahangir, 19522018, human rights activist and lawyer. Case law asma jilani vs federation of pakistan pld 1969 case law asma jilani vs federation of pakistan. Declaring the martial law to be illegal, the court dubbed the chief martial law administrator as a usurper. The doctrine of necessity and its application in pakistan. Judicial activism in pakistan essay example graduateway. Asma jahangirs entry into law did not automatically follow her victory in asma jilani versus the government of punjab case. The government of the punjab and another pld 1972 sc 9 on 22121971, malik ghulam jilani was arrested at karachi under an order purported to have been issued in exercise of powers conferred by clause b of sub rule 1 of rule 32 read.
The zia era and its constitutional legacy in 1977, general elections were held, there were serious allegations of rigging, and there was country wide street agitation. Pakistans judicial history is full with cases like overturning of maulvi tamizuddins appeal in 1955, and second case is the asma jilanis case in 1972, and the third nusrat bhuttos case in 1977, the forth zafar alis case in 2002 during mushraf era where the judiciary bowed to the executive pressure. When asma jilanis judgment was released, yahya khan was not in power, but now it was bhuttos martial law and bhutto was the chief martial law administrator and the president. The judgment in asma jilani case is very bold with full manifestation of judicial activism as the doctrine of necessity was rejected and the door of marshal law was shutdown. Discarded kelsons theory of revolutionary legality, he observed. The government of punjab, pld 1972 sc 9 asma jilani case is the one of those important cases of the history which proved.
It revisited the ratio laid down in the earlier judgment by holding that kelsenian theory had been wrongly applied. Doctrine of necessity is an exception to nemo judex in causa sua. In the famous case of asma jilani, a detailed history of the martial law in the british days has been mentioned and its. Saifullah case 1988and in the nawaz sharif case1993. Case law asma jilani vs federation of pakistan pld 1969. Jawab deyh hakim ali zardari senior politician pakistan peoples party by roothmens duration. This case was followed by the interim constitution of 1972 and then by the permanent constitution of 1973. Read urdu columns online of famous pakistani columnists like javed chaudhry, hassan nisar, rauf klasra, haroon rasheed, hamid mir who are writing columns on. Asma jahangir, 19522018, human rights activist and lawyer a feminist icon striving to build a new pakistan asma jahangir cofounded lahores first allfemale law firm, which specialised in. In pakistan to the superior courts gave judgments which became precedents. Jahangir was known for playing a prominent role in the lawyers movement and served as the united nations special rapporteur on freedom of. Case law lplp steenkap will is a declaration regarding how the estate is to be apportioned. Hina jilani, sister and coactivist to asma jahangir. Case law asma jilani vs federation of pakistan the law study.
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