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    Sunday, 15 February 2015

    Case Law Nawaz Sharif vs President of Pakistan

    Introduction

    After independence, Pakistan popular it’s weak political institutions and powerful Army. So, these major factors, Pakistan not constitutional development and many civil Governments have been dismissed. When National Assembly has been dissolved and Prime Minister has been sent home, than the political leader have filed cases in superior courts against such undemocratic steps and Judiciary plays a very important role in the interpretation of the law. The important and leading case in the History of Pakistan is Muhammad Nawaz Sharif vs President of Pakistan case is one of them.
    Bench of Supreme Court
    • Chief Justice: Nasim Hassan Shah
    • Justice: Shafi-ur-Rehman
    • Justice: Saad Saood Jan
    • Justice: Abdul Qadeer Chaudhary
    • Justice: Ajmal Mian
    • Justice: Muhammad Afzal Lone
    • Justice: Sajjad Ali Shah
    • Justice: Muhammad Rafique Tarar
    • Justice: Saleem Akhter
    • Justice: Saeed uz Zaman Siddiqui
    • Justice: Fazal Elahi Khan

    Facts of Case

    Following are the facts of case Nawaz Sharif vs President of Pakistan

    1. Differences with President
    Although both Prime Minister Nawaz Sharif and President Ghulam Ishaq Khan were conservatives, yet difference over authority emerged between them and such difference were intensified in 1993.

    2. Address to Nation
    In April 1993, Prime Minister Nawaz Sharif addressed nation and alleged that some political elements had gathered under umbrella of President Ghulam Ishaq Khan and were conspiring to overthrow his elected government.

    3. Dissolution of National Assembly and Dismissal of PM
    After Nawaz Sharif’s address to nation, President Ghulam Ishaq Khan states that government of federation could not be carried out in accordance with provisions of constitution of Pakistan. Therefore, he dissolved National Assembly and dismissed Prime Minister Nawaz Sharif with his cabinet.

    4. Institution of Case
    After dissolution of National Assembly and dismissal of government, Nawaz Sharif filed this case in Supreme Court of Pakistan.

    Decision of Supreme Court
    Following points are important to discuss decision of Supreme Court

    1. Unlawful action of President
    In these circumstances, the dismissal of the Prime Minister along with his Cabinet and the dissolution of the National Assembly under the purported exercise of powers conferred on the President under Article 58(2)(b) could be upheld. The action taken did not fall within the ambit of this provision. This unlawful action moreover was also violation of Fundamental right.

    2. Majority basis decision
    By majority (of 10 to 1) it was held that the order of the April 1993, passed by the President of Pakistan is not within the powers conferred on the President under Article 58(2)(b) of the constitution and other enabling powers available to him in that behalf and has, therefore, been passed without lawful authority and is of no legal effect.

    3. Consequence of Court order
    As consequences of our order, the National Assembly, Prime Minster and Minister and the Cabinet shall stand restored and entitled to function as immediately before the impugned order was passed.

    Conclusion
    To conclude, it can be stated that some political critics consider judgment of Supreme Court in this case as a milestone in history of judiciary of Pakistan. They explain this reason in favor of their opinion that it was for first time that President’s exercise of powers under Article 58(2)(b) of constitution was not accepted and was declared unconstitutional and illegal.
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    Item Reviewed: Case Law Nawaz Sharif vs President of Pakistan Rating: 5 Reviewed By: Usman Ali
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