h1

P L D 1977 KARACHI 604

NIAZ AHMED KHAN

V/S

PROVINCE OF SIND

Frame (3)

Per Abdul Kadir Shaikh, J.

(a) Constitution of Pakistan (1973) Art. 93

Prime Minister, continuance of —National Assembly even is supposed to be not a lawful body for reason of being constituted by members unlawfully elected by rigging of elections, person holding office as Prime Minister for time being yet to continue to hold office till his successor entered upon office—Validity of Proclamation of emergency, held, not open to challenge on ground of lack of capacity is such Prime Minister to have countersigned such Proclamation. [pp. 628, 629] J & K

(b) Constitution of Pakistan (1973) Art. 2

read with Art. 227—Islamisation of laws—Article 2 by its own force, does not even profess to make Islamic law to be law of land—Existing laws, held, can be brought in conformity with injunctions of Islam only in manner prescribed in Part IX of Constitution (1973) [p. 648] U

(c) Constitution of Pakistan (1973) Art. 2

Read with Preamble—Words and phrases—Sovereignty—Meaning.–[Words and phrases] [p. 650] V

Per Fakhruddin G. Ebrahim. J.

(d) Constitution of Pakistan (1973) Art. 227

Obligation to do justice to all and at all time—Paramount duty and cardinal principle of Islam—To deprive Courts of their function to adjudicate upon complaints by citizens against State—Held, violates fundamental concept of Islam. [pp, 669, 670] GG & HH

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