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Petitioner: AKHTAR HUSSAIN and 4 others VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Saleem Akhter, Saad Saood Jan Title: AKHTAR HUSSAIN and 4 others vs THE STATE Case No.: Cr.Ps.LA. Nos. 420-L and 441-L of 1992 Date of Judgment:1993-04-06 Reported As: 1993 SCMR 1522 Result: Leave granted
Judgment ORDER ' SALEEM AKHTAR, J.---The question for consideration in these petitions is as follows:-- "Whether the President has power under Article 89 of the Constitution to repromulgate an Ordinance which stood repealed in terms of clause (2) of Article 89 of the Constitution?" ' In support of the proposition that no such power exists, reference can be made to Maulvi Tamizuddin Ahmad v. Province of East Bengal (PLD 1949 Dacca 1) and D.C., Wadhwa and others v. State of Bihar and others (AIR 1987 SC 579). 2. A contrary view has also been expressed in a recent Full Bench judgment of the Lahore High Court in Rehmat Khan v. Federation of Pakistan etc. (PLD 1993 Lah. 70). 3. The High Court of Sindh in Shariat Petitions followed the view expressed in Maulvi Tamizuddin Ahmad's case. The Federation of Pakistan has filed Civil Appeals Nos.80, 81, 83, 85, 87, 89, 91, 92 and 98-K of 1991, which are pending. As there are conflicting views expressed by the two High Courts and the question involved is of general legal importance and further requires authoritative interpretation of the provision of the Constitution, leave is granted to consider the aforesaid question.