DOCTRINE OF STATE NECESSITY

JUDICIARY–MILITARY RELATIONSHIP IN PAKISTAN (1947-2009)

  • Muhammad Shafi Government Shalimar College,Lahore
Keywords: Power Struggle, Doctrine of State Necessity, Military, Judiciary

Abstract

Power struggle is the main feature of Judiciary-Military relationship in Pakistan which began in 1958 and brought a long-lasting impact on the functioning of the State. The military establishment from the very outset undermined the judiciary. With a few exceptions, the judiciary also accepted its subordinated role; the judiciary adopted “Doctrine of State Necessity” in the cases of Moulvi Tamizuddin vs Federation of Pakistan (PLD 1955 SC), Dosso vs Federation of Pakistan (PLD 1958 SC), Asma Jahangeer vs Federation of Pakistan (PLD 1972 SC), Begum Nusrat Bhutto vs Chief of Army Staff (PLD 1977 SC) and Zafar Ali Shah vs Pervaiz Musharraf (PLD 2000 SC).

Published
2019-01-31