FEDERATION OF PAKISTAN Versus MUHAMMAD SAIFULLAH KHAN

ORDER

1. MUHAMMAD HALEEM, C.J.‑‑ For reasons to be recorded later, we uphold the view expressed by the Lahore High Court that the grounds contained in the President's Order dated 29th May, 1988, dissolving the National Assembly and dismissing the Federal Cabinet has no nexus with the preconditions prescribed by Article 58(2)(b) of the Constitution empowering him to dissolve the National Assembly in his discretion.

2. This would lead to the consequence that the National Assembly and the Federal Cabinet would stand revived to continue to function for the remaining period of their constitutional tenure. But we are not unmindful of the fact that the whole nation is geared up for elections and we do not propose to do anything which makes confusion worse confounded and creates a greater state of chaos which would be the result if the vital process of elections is interrupted at this juncture.

3. The Courts always keep in view the higher interest of Pakistan while resolving matters of national importance in accordance with the Constitution and law. National interests must take precedence over private interests and individual rights. The forthcoming elections are at hand and the people of Pakistan must be allowed to choose their representatives for the National Assembly on party basis, a right which is guaranteed to them under the Constitution.

4. The writ jurisdiction is discretionary in nature and even if the Court finds that a party has a good case, it may refrain from giving him the relief if greater harm is likely to be caused thereby C than the one sought to be remedied. It is well settled that individual interest must be subordinated to the collective good. Therefore, we refrain from granting consequential reliefs, inter alia, the restoration of the National Assembly and the dissolved Federal Cabinet.

5. We however, emphasise that the general elections scheduled for the 16th and the 19th November, 1988, shall be held on the said dates and an opportunity be thus afforded to the people of Pakistan to choose their own representatives in a free, fair and impartial election.

6. Accordingly, these appeals stand disposed of in the above terms. Consequently, the interim order dated 1‑10‑1988 will form part of this order. Parties will bear their own costs.

7. This order shall also govern and apply in respect of the dissolution of all the Provincial Assemblies and the Provincial Cabinets by the respective Governors of the Provinces.

8. M.B.A./F‑76/S Order accordingly.