Asᴍᴀ Jɪʟᴀɴɪ ᴠs Gᴏᴠᴇʀɴᴍᴇɴᴛ ᴏғ Pᴜɴᴊᴀʙ | Aᴅᴠ.Mᴜʜᴀᴍᴍᴀᴅ Fᴀᴢɪʟ Mɪʀᴊᴀᴛ

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In the famous case of Asma Jilani, a detailed history of the Martial law in the British days has been mentioned and its comparison has been made with the past days. Two appeals were filed in the case, one by Miss Asma Jilani in the Punjab High Court for the release of her father Malik Ghulam Jilani, and the other by Mrs Zarina Gohar in the Sindh High Court for the release of her husband Altaf Gohar under Article 98 of the Constitution of Pakistan 1962. The detention of Malik Ghulam Jilani and Altaf Gohar had been made under the Martial Law Regulation No.78 of 1971 which was challenged in Lahore and Sindh High Courts respectively. Both the High Courts held that they had no jurisdiction over it because clause 2 of the Jurisdiction of Courts(Removal of Doubts) Order No.3 of 1969 barred the courts from questioning the validity of any act done under the Martial Law Regulation No.78 of 1971. Asma Jilani appealed to Supreme Court of Pakistan where it was that this country was not a foreign country which had been invaded by any army with General Yahya khan as its head, nor was it an alien territory which had been occupied by the said army. Martial Law could not have arisen in the circumstances. Pakistan had its own legal doctrine, Holy Qur'an and the Objectives Resolution. Therefore, martial law was never superior to the Constitution. Supreme Court further held that Yahya khan was neither a victor nor Pakistan was an occupied territory and thus declared him a 'usurper' and all his actions were also declared illegal. When Asma Jilani case's judgment was released, Yahya Khan was not in power and it was then Bhutto's Martial Law and he was the civillian Chief Martial Law Administrator and the President. Asma Jilani's case paved the way for the restoration of democracy in the country. This case was followed by the interim Constitution of 1972 and then by the permanent Constitution of 1973. Due to the judicial pronouncement in the case of Asma Jilani, Zulfikar Ali Bhutto was compelled to remove the Martial law
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For Further Details Contact :
Advocate Muhammad Fazil Mirjat
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Office No.18, First Floor, Moscow Plaza, Blue Area, Islamabad