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Vol 24 No 2 Feb/March 2019

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Judgement on the Constitution, Rule of Law and Martial Law in Pakistan

ISBN13: 9780195774696
ISBN: 0195774698
Published: September 1995
Publisher: Oxford University Press
Format: Hardback
Price: Out of print

The constitutional and political history of this era has been full of turbulence and political turmoil witnessing two periods of Martial Law - 1969 to 1972 and 1979 to 1985. This book highlights the difficulties faced by the judges in upholding the rule of law in such situations. The author, during a tenure of over 25 years as Judge of the Superior Courts, delivered a number of judgments of great importance and even received a notice of contempt from the Martial Law authorities during Yahya Khan's regime. The judgment delivered in connection with this incident is included in this book under the chapter 'Contempt of Martial Law'. In 1977, having become Judge of the Supreme Court, he ruled on the question of the validity of the Martial Law proclaimed by Gen. Zia-ul-Haq. He authored the judgment concerning the dissolution of the National Assembly by Gen. Zia-ul-Haq in 1988 and by President Ghulam Ishaq Khan in April 1993. The Assembly in the second instance was restored by the historic verdict of the Supreme Court delivered on 26 May 1993.;Justice Shah also delivered important judgment relevant to the enforcement of fundamental rights, rule of law and judgment relevant to the enforcement of fundamental rights, rule of law and the constitution which are included in this book. This book mirrors the social, political and constitutional problems with which the country was confronted since 1968 and should be of interest not only to the members of the legal fraternity but also to all those who are interested in how problems in Pakistan have been handled by the judiciary.