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Lists of Pakistan Supreme Court cases


This is an index of lists of cases decided by the Supreme Court of Pakistan.

These lists are sorted chronologically by Chief Justice and include all notable cases decided by the court. Articles exist for almost all cases.

In Molvi Tamizuddin Khan case, the Supreme Court headed by Chief Justice Mohammad Munir backed Governor General Ghulam Mohammad's action to dissolve the first Constitutional Assembly. This judgement of Supreme Court is always strongly criticized by all democratic parties of Pakistan and is referred as a root cause of unstable democracy in Pakistan.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when the basic norm underlying a Constitution disappears and a new system is put in its place. When revolution came then the old system will be replaced with new system

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.

FACTS: The two appeals, one filed by Miss Asma Jilani in the Punjab High Court for the release of her father Malik Ghulam Jilani, and by Mrs Zarina Gohar in the Sindh High Court for the release of her husband Althaf Gohar, under Article 98 of the Constitution of Pakistan 1962. The detention of Malik Ghulam Jilani and Althaf Gohar had been made under the Martial Law Regulation No.78 of 1971. So the detention of these persons were challenged in Lahore and Karachi High Court respect. The High Court held that it had no jurisdiction 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 1978. Asma Jilani appealed to Supreme Court which held that this country was not a foreign country which had been invaded by any army with General Agha Mohammad 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-The 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". All his actions were also declared illegal. When Asma Jilani's judgment was released, Yahya khan was not in power, but now it was Bhutto's Martial Law and Bhutto was the chief Martial law Administrator and the president. Asma Jilani's case paved the way for the restoration of democracy. 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, Bhutto was compelled to remove the Martial law.


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