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Petitioner: JAVED JABBAR and others VS Respondent: FEDERATION OF PAKISTAN and others
Court Name: Supreme Court of Pakistan Judge(s):Qazi Muhammad Farooq, Nazim Hussain Siddiqui, Iftikhar Muhammad
Chaudhry, Sh. Riaz Ahmad, Munir A. Sheikh Title: JAVED JABBAR and others vs FEDERATION OF PAKISTAN and others Case No.:Constitutional Petitions Nos. 38 of 2002, 2, 3, 4, 7, 8, 11, 12, 13, 14, 18, 19, 20, 23 and 24 of 2003 Date of Judgment:2003-02-09 Reported As: 2003 SCMR 390 Result: Order accordingly Judgment ORDER SH. RIAZ AHMED, C.J.--Through this common short order, we propose to dispose of the captioned petitions which were filed under Article 184(3) of the Constitution of Islamic Republic of Pakistan, assailing insertion of Article 8-AA in the Conduct of General Elections Order, 2002 (Chief Executive's Order No,7 of 2002) whereby it was enacted that a person who had been defeated in the elections of National and Provincial Assemblies held in October, 2002, shall be disqualified to contest the election for a seat in the Senate. After hearing learned counsel representing the petitioners in these petitions and Mr. Makhdoom Ali Khan, the learned Attorney-General for Pakistan. And for reasons to be incorporated subsequently through a detailed order, we hold that Article 8-AA (ibid), is discriminatory in nature and as such violative of Article 25 of the Constitution of Islamic Republic of Pakistan. We further hold that disqualification attributable to defeat in consequence of lawful act of contesting election of the National and Provincial Assemblies should have been provided in the original order itself, being impugned herein, so that, the affected persons should have an opportunity to avoid to suffer such disqualification.
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