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1993 SCMR 1302

Mian MUHAMMAD NAWAZ SHARIF vs PRESIDENT OF PAKISTAN and others

Citation1993 SCMR 1302
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No, 8 of 1993
Date1993-05-26
Judge(s)Sajjad Ali Shah, Fazal Ilahi Khan, Saleem Akhter, Saeeduzzaman Siddiqui,
ResultPetition accepted

ORDER

1. ' We hold by majority of (10 to 1) that the petition is maintainable under Article 184(3) of the Constitution.

2. On merits, by majority (of 10 to 1) we hold that the order of the 18th April, 1993, passed by the President of Pakistan is not within the ambit of the powers conferred on the President under Article 58(2)(b) of the Constitution and other enabling powers available to him in that behalf and has, therefore, been passed without lawful authority and is of no legal effect.

3. As a consequence of our order, the National Assembly, Prime 'B Minister and the Cabinet shall stand restored and entitled to function as immediately before the impugned order was paced.

4. All steps taken pursuant to the order dated 18th April, 1993 passed under Article 58(2)(b) of the Constitution such as the appointment of Caretaker Cabinet etc. Will, therefore, be of no legal effect.

5. However, all orders passed, acts done and measures taken in the meanwhile by the Caretaker Government, which have been done, taken and given effect to in accordance with the terms of the Constitution and were required to be done or taken for the ordinary orderly running of the State shall all be deemed to have been validly and legally done. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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