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Dosso case
Famous constitutional case in Pakistan / From Wikipedia, the free encyclopedia
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Dosso v. Federation of Pakistan was the first constitutional case after the promulgation of Constitution of Pakistan of 1956 and an important case in Pakistan's political history. The case gained prominence as it indirectly questioned the first martial law imposed by President Iskander Mirza in 1958.[1]
Dosso v. Federation of Pakistan | |
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Court | Supreme Court of Pakistan |
Decided | 27 December 1958; 65 years ago (1958-12-27) |
Citation | P.L.D. 1958 S.C. 533 |
Ruling | |
Decision of Lahore High Court was reversed and martial law was legitimized | |
Court membership | |
Judges sitting | Justices Muhammad Munir Muhammad Shahabuddin Alvin Robert Cornelius Amiruddin Ahmad |
Laws applied | |
Doctrine of necessity, Laws (Continuance in Force) Order 1958 |
Dosso was the tribal person from district Loralai in Baluchistan then under Provincially Administered Tribal Areas who committed a murder and was arrested by tribal authorities and handed over to Loya jirga which convicted him under Frontier Crimes Regulation (FCR). Relatives of Dosso challenged the decision in Lahore High Court (then the West Pakistan High Court) which ruled in favour of Dosso. Federal Government went on to the Supreme Court of Pakistan which reversed the High Court's decision by referring to the Hans Kelsen theory of legal positivism famously the doctrine of necessity.[2]