LAW GAT | LAW TEST | ASMA JILLANI CASE -PLD 1972 SC 139

Video #35

The Asma Jillani Case (PLD 1972 SC 139) is a landmark decision by the Supreme Court of Pakistan delivered in 1972. Here's a summary:

1. **Background**: Asma Jillani, a Pakistani citizen, filed a petition challenging the legality of General Yahya Khan's regime, which had come to power through a military coup in 1969. She argued that the regime's actions and decisions lacked legal legitimacy and were unconstitutional.

2. **Issues**: The main issue was whether the military government, which had taken control of Pakistan through extra-constitutional means, had legal authority. The case examined the legality of the regime's actions and the validity of the laws it enacted.

3. **Decision**: The Supreme Court, in a significant judgment, ruled that the military regime under General Yahya Khan was not legally or constitutionally valid. The Court held that the regime's actions were unconstitutional, and it restored the supremacy of the 1956 Constitution, which had been abrogated by the military coup.

4. **Outcome**: The decision in the Asma Jillani Case reaffirmed the principle that a government that comes to power through unconstitutional means does not have legal authority. It also reinforced the importance of the constitutional framework in Pakistan’s legal and political system.

This case is crucial in Pakistani legal history, as it set a precedent for the judiciary's role in scrutinizing the legitimacy of government actions and ensuring adherence to constitutional principles.

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