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VS.
CHIE OF ARMY STAFF AND FEDERATION OF PAKISTAN
(PLD 1977 SC 657)
INTRODUCTION:
General Mohammad Zia-ul-Haq declared Martial Law throughout the
country, and took over as the Chief Martial Law Administrator (CMLA).
The 1973 Constitution was suspended (not abrogated). Federal and
Provincial Cabinets, National and Provincial Assemblies were dissolved.
The Prime Minister, Cabinet Members and the leading opposition
leaders were arrested and placed under "Protective custody". The
President was allowed to continue as the titular head of state and the
Chief Justices of Provincial High Courts were appointed acting
Governors of their respective provinces.
FACTS OF CASE:
Following are the facts of case:
1. A Petition under Act 184 (3) of the Constitution of 1973 filed
by Begum Nusrat Bhutto challenging the detention of Mr.
Zulfiqar Ali Bhutto, former prime Minister of Pakistan and ten
other leaders of the Pakistan Peoples Party under the Martial
Law Order No. 12 of 1977
2. Earlier, through a Military Coup, the Government of Z.A
Bhutto was overthrown and constitution of 1973 suspended (
not abrogated) and country governed by Law Continuance in
Force Order.
PETITIONERS ARGUMENTS BY YAHYA BUKHTIAR:
The Council argued:
1. Relying on Asma Jilani Case
JUDGEMENT:
The Supreme Court dismissed the petition unanimously as not being
maintainable because of following reasons:
1. Asma Jilani case is not applied because the facts and
circumstances of this very case are different from the Asma
Jilanis Case.
2. As measures during the Doctrine of Necessity to be temporary
and so CMLA took over the administration only for a short time to
arrange for fresh elections fairly at the shortest possible and
3.
4.
5.
6.
7.
8.
CONCLUSION:
Court again declared Military coup legitimate in this case on the
basis of state of necessity and welfare of people. General
Mohammad Zia ul-Haq, chief of the army staff (COAS), took control
of Pakistan by proclaiming martial law, beginning the longest period
of rule by a single leader in Pakistan's history.