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Petitioner: WUKALA MAHAZ BARAI TAHAFAZ DASTOOR and anothers VS Respondent: FEDERATION OF PAKISTAN and others
Court Name: Supreme Court of Pakistan Judge(s):Irshad Hasan Khan, Muhammad Arif, Mamoon Kazi, Raja Afrasiab Khan,
Saeeduzzaman Siddiqui, Ajmal Mian, Sh. Riaz Ahmad Title:WUKALA MAHAZ BARAI TAHAFAZ DASTOOR and anothers vs FEDERATION OF PAKISTAN and others Case No.: Constitutional Petitions Nos.24 and 25 of 1997 Date of Judgment:1998-05-20 Reported As: 1998 SCMR 1161 Result: Order accordingly Judgment ORDER OF THE COURT ' By majority of 6 to 1 it is held that Article 63A of the Constitution is intra vires but by 4 to 2 subject to the following clarifications: (i) That paragraph (a) to be read in conjunction with paragraphs (b) and (c) to Explanation to clause (1) of Article 63A of the Constitution. It must, therefore, follow as a corollary that a member of a House can be disqualified for a breach of party discipline in terms of above paragraph (a) when the alleged breach relates to the matters covered by aforesaid paragraphs (b) and (c) to the above Explanation to clause (1) of the aforementioned Article and that the breach complained of occurred within the House. (ii) That the above paragraph (a) to Explanation to clause (1) of Article 63A is to be construed in such a way that it should preserve the right of freedom of speech of a member in the House subject to reasonable restrictions as are envisaged in Article 66 read with Article 19 of the Constitution. ' Whereas by minority view paragraph (a) in the Explanation to clause (1) of Article 63A and clause (6) in the said Article of the Constitution are violative of the fundamental rights and are to be treated as void ad unenforceable.