Constitutional Petition

uJudgment on the
Constitutional Petition
Challenging the rigor of
Martial Law

Reproduced by:

Sani Hussain Panhwar
Member Sindh Council, PPP

P L D 1977 Supreme Court (SC 657)
Present: Anwarul Haq, C. J., Waheeduddin Ahmad,
Muhammad Afzal Cheema, Muhammad Akram, Dorab
Patel, Qaisar Khan, Muhammad Haleem, G. Safdar Shah
and Nasim Hasan Shah, JJ
BEGUM NUSRAT BHUTTOPetiti wholenessr
Versus
CHIEF OF ARMY ply AND FEDERATION PAKISTANRespondents
Constitutional Petition No. 1 of 1977, obdurate on 10th November 1977.
Per S. Anwarul Haq, C. J. [Waheeduddin Ahmed, Muhammad Afzal Cheema,
Muhammad Akram, Dorab Patel, Muhammad Haleem, G. Safdar Shah and
Nasim Hasan Shah, JJ. agreeing].
(a) Constitution of Pakistan (1973)
Art. 184 (3)Maintainability of petitionPetition say against headspring of
Army Staff whereas impugned orders of detention passed by Chief Martial
Law AdministratorChief of Army Staff in addition being Chief Martial Law
Administrator, objection regarding non-maintainability of petition on
footing of not having been directed against Chief Martial Law Administrator,
held, except technical since it could be easily rectified by adding wrangle Chief
Martial Law Adruinistrator to description of respondent. - [Writ]. [p.



674]A
(b)
Constitution of Pakistan (1973)- Art. 184(3) read with Art. 199Aggrieved psyche requester moving
petition in her capacity of wife of one of detenus and as Acting Chairman of
Party to which all detenus belongedPetitioner though not alleging any
contravention of her own Fundamental Rights yet in circumstances, held, an
aggrieved person within meaning of Art. 199.[Aggrieved person]. [p. 675]B
Manzoor Elahi v. State P L 1) 1975 S C 66 ref.
(c)
Precedents-- Interpretation of sympathy that decision of Supreme Court in Asma
Jillanis eluding (P L D 1972 S C 139) in execution rendered illegal all successive
Governments of Pakistan and Constitutions framed during relevant period,

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