BENAZIR BHUTTO Versus FEDERATION OF PAKISTAN
This matter comes before the Supreme Court of Pakistan upon a constitutional petition filed by Benazir Bhutto challenging the vires of sections 3-A and 3-B of the Political Parties Act, 1962, inserted by Ordinance No. XLII of 1979, as being violative of Article 17 of the Constitution of the Islamic Republic of Pakistan, while also considering the protective coverage afforded under Article 270-A of the Constitution. The core legal question involves the constitutionality of the impugned provisions governing political parties in light of fundamental rights and constitutional indemnification. The Court held that these constitutional questions are of public importance requiring full consideration and accordingly issued notices to the Attorney General for Pakistan, the Election Commission, and the Advocates General of the Provinces for a full hearing. The key principle established is that challenges to statutory provisions implicating fundamental rights and protected under constitutional provisions raise matters of public importance warranting comprehensive judicial review after notice to relevant law officers.
- Whether sections 3-A and 3-B of the Political Parties Act, 1962 violate Article 17 of the Constitution of the Islamic Republic of Pakistan?
- Does Article 270-A of the Constitution provide protective coverage to Ordinance No. XLII of 1979?
- Do challenges to the constitutionality of political party regulations raise questions of public importance requiring consideration by the Supreme Court?
- Section 3-A, Political Parties Act 1962
- Section 3-B, Political Parties Act 1962
- Article 17, Constitution of the Islamic Republic of Pakistan
- Article 270-A, Constitution of the Islamic Republic of Pakistan
ORDER
1. MUHAMMAD HALEEM, C.J. --Mr. Yahya Bakhtiar, learned counsel for the petitioner has mainly confined his attack to the vires of sections 3-A and 3-B of the Political Parties Act, 1962, which were inserted therein by Ordinance No. XLII of 1979 as being violative of Article 17 of the Constitution of the Islamic Republic of Pakistan This contention has to be assessed in the light of Article 270-A of the Constitution which purports to give protection to this Ordinance. These constitutional questions are of public importance and require full consideration by this Court.
2. Accordingly, we would direct notice to issue to the Attorney General for Pakistan, the Election Commission and the Advocates General of the Provinces for a date to be fixed in the first week of February, 1988. The parties are required to complete all the necessary formalities required by the Rules of this Court before the hearing of the petition.
3. M.I./M-289/S Order accordingly.