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Pakistani law preserving the Constitutional Fundamental Rights

On January 2 2008, the supreme court of Pakistan had refused to entertain a petition against some amendments made by Pakistan Electronic Media Regulatory Authority (PEMRA), directly related to the restrictions been imposed over the Media concerning Freedom of Speech. The discussed petition had been refused under the scope of Article 184(3) of the constitution, which was directly emerging from all the formal grounds.

The petition had been truncated, under the provisional Constitutional Order (PCO) because of the fact that the judges at that time had taken an oath under the same constitutional order, which was issued on November 3 2007. To discuss more about Article 184(3) – this article gives the powers to the supreme courts to take all the necessary notice or actions of any matter involving directly or indirectly any question related to public importance, taking in to reference the enforcement of any of the fundamental rights granted by the constitution.

It also gives powers to the supreme courts to make an order by issuing an appropriate writ/summon under the Article 199 of the constitution. Though its been a fact that irrespective of courts judgments based on constitution the supreme courts have an authority to conduct a judicial review and if any part of the ordinance or the order have been found contradictory to the constitution the supreme court can make it illegal and void.

Case Conclusion
The petitioner’s counsel, upon receiving the order on the returned petition, remarked that they would file an appeal against the order. But due to the judicial review, the matter had been resolved and all those amendments contradicting with the restrictions over freedom of speech have been declared illegal and void.


2 Responses

  1. The Pakistan Neutral Forum is a non-profit blog that strives to provide a free, unbiased and up-to-date source of information and current analysis about Pakistan law and its relevance to the international community.

    The major works of the Legal forum are the publication of case-studies, updates regarding Law.
    This is a completely neutral blog- we will not allow any comment that is derogatory to any

    – Governmental organization
    – Political party
    – Non-governmental organization

    We are actively seeking quality participation in the form of comments to be published on our blog. If you are an academic, professional, student or other qualified person, we welcome your comments but only those that relate to Pakistan law, international law as it relates to Pakistan or Pakistan business or social issues.

  2. It may be favorite game of political leaders to make fun of law, Some don’t know the rules regulations and still and they are member of assembly, Pakistan have very good historical background, but about today law can be change next day 🙂

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