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Petitioner: BENAZIR BHUTTO VS Respondent: FEDERATION OF PAKISTAN
1988 S C M R 351
1988 S C M R 351
Present: Muhammad Heleem, C.J., Muhammad Afzal Zullah, Nasim Hasan Shah, Shafiur Rahman, Javid Iqbal, Ali Hussain Qazilbash and Mian Burhanuddin Khan, JJ
Miss BENAZIR BHUTTO--Petitioner
versus
THE FEDERATION OF PAKISTAN and another--Respondents
Constitutional Petition No. 2-R of 1987, decided on 6th December, 1987.
Political Parties Act (III of 1962)--
---Ss.3-A & 3-B--Constitution of Pakistan (1973), Arts. 17 & 270-A- Vires of Ss.3-A and 3-B of Act (III of 1962), inserted by Ordinance XLII of 1979, challenged as being violative of Art.17 of Constitution-- Held, since matter was to be assessed in the light of Art.270-A of the Constitution and questions raised were of public importance, same required full consideration by Supreme Court--Notices were issued to Attorney-General for Pakistan, Election Commission and Advocates General of Provinces.--[ Vires of Legislation].
Yahya Bakhtiar, Barrister-at-law, Senior Advocate, Supreme Court assisted by Aitzaz Ahsan, Barrister-at-law, Advocate, Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner
Nemo for Respondents.
Date of hearing: 6th December, 1987.
ORDER
MUHAMMAD HALEEM, C.J.--Mr. Yahya Bakhtiar, learned counsel for the petitioner has mainly confined his attack to the vires of sections 3-A and 3-B of the Political Parties Act, 1962, which were inserted therein by Ordinance No. XLII of 1979 as being violative of Article 17 of the Constitution of the Islamic Republic of Pakistan This contention has to be assessed in the light of Article 270-A of the Constitution which purports to give protection to this Ordinance. These constitutional questions are of public importance and require full consideration by this Court.
Accordingly, we would direct notice to issue to the Attorney General for Pakistan, the Election Commission and the Advocates General of the Provinces for a date to be fixed in the first week of February, 1988. The parties are required to complete all the necessary formalities required by the Rules of this Court before the hearing of the petition.
M.I./M-289/S Order accordingly.