1.INTRODUCTION.
Judiciary plays a very important role in the
interpretation of the statues and laws. The judiciary has an important role in
the development of law. In Pakistan to the superior courts gave judgements which
became precedents. There have been a lot of important and leading cases in the
history of Pakistan. Maulvi tameez-ud-din vs federation is one pf important
case of history of Pakistan.
Following are the important facts of the case of
moulvi tameez-ud-din vs federation.
(I). DISSOLUTION OF THE CONSTITUENT ASSEMBLY.
The Governor General ghulam mohammad of Pakistan
dissolved the constituent assembly in Oct, 24 1954. There were some clashes
among the prime minister and governor general which were caused regarding the
dissolution of the constituent assembly.
(II). GOVERNOR GENERAL ALSO DISSOLVED CABINET IN
1953.
Governor general dissolved cabinet in 1953
before the dissolution of the constituent assembly of maulvi tameez-ud-din, the
governor general of Pakistan in 1953 also dismissed cabinet of nizam-ud-din.
(III). RECONSTITUTION OF THE COUNCIL OF
MINISTERS.
After the dissolution of the constituent
assembly, the council of ministers was reconstituted.
(IV). ACTION TAKEN BY THE MAULVI TAMEEZ-UD-DIN.
Maulvi tameez-ud-din who was the head of the
constituent assembly filed a writ petition before the cheif court sind. This
petition was against the federation.
(a). WRIT PETITION.
Maulvi tameez-ud-din filed the writ petition in
the chief court sind under section 223.A of the government of india act 1935.
(b). NUMBERS OF WRITS FILED.
He filed two writ petitions in order to redress
his grievance. They were as follow.
WRIT OF MANDAMUS.
A writ of mandamus was filed by the maulvi
tameez-ud-din, in order to restrain the enforcement of the proclamation of the
governor general. It was also prayed that the federation and the members of he
reconstituted council of ministers should be prohibited from meddling into the
functions of maulvi tameez-ud-din.
WRIT OF QUO WARRANTO.
A writ of quo warranto was also filed by the
maulvi tameez-ud-din demanding that the ministers should be asked as under
which authority they were holding the offices.
3. ARGUMENTS GIVEN BY THE STATE.
The federation and the council of ministers gave
arguments in respect of writs filed by maulvi tameez-ud-din.
Following were the arguments given by the
federation.
(I). DISSOLUTION OF CONSTITUENT ASSEMBLY WAS
RIGHT.
It was argued that the constituent assembly was
dissolved in a right way.
(II). NO WRIT JURISDICTION OF THE CHIEF COURT.
It was further argued that the chief court had
no jurisdiction to entertain the writ petition.
(III). INVALIDITY OF SECTION 223-A.
It was further argued by the federation that the
section 223-A which was put into the government of India act 1935, was invalid
due to non-assent of the governor general which was very necessary for all
laws.
4. DECISION OF THE CHIEF COURT.
The chief court of the sind declare null and
void the step taken by the gulam muhammad governor general and assembly
restored.
5. APPEAL OF FEDERATION BEFORE THE FEDERAL
COURT.
The federation and council of ministers appealed
before the federal court against the decision of cheif court sind.
6. DECISION BY THE FEDERAL COURT.
(I). GOVERNOR GENERAL ASSENT IS NECESSARY.
It was observed that the constituent assembly
also performs its functions as the legislature and all laws past by it require
the assent of governor general.
(II). SEC 223-A OF GOVERNMENT OF INDIA ACT WAS
NOT LAW.
Section 223-A of government of India act 1935
was not law due to non-assent of governor general.
(III). NO JURISDICTION OF CHIEF COURT.
It was further observed that the section 223-A
is not a law therefore the chief court did not have any jurisdiction to issue
writs.
(IV). CONSTITUENT HAS NO SOVEREIGNTY.
According to the federal court constituent
assembly is not sovereign but governor general is a sovereign authority.
7. EFFECT OF THE DECISION.
In the decision of federal court the decision of
chief court of sind was suspended.
8. BENCH OF FEDERAL COURT.
- Chief justice. Mohammad Munir
- Justice. Mohammad Sharif
- Justice. S.A.Rehman
- Justice. S.M.Akram
- Justice. R.Cornelius
9. CONCLUSION.
In the end we can say that the federal court
decided the case in the favour of the federation and the council of ministers.
The dissolution of constituent assembly was held right and it dismissed the
writ petition.
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