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FAROOQ AHMED KHAN LEGHARI versus FEDERATION OF PAKISTAN


Constitution of Pakistan 1973 Arts 233 (2) and 232 (1) The authority to suspend basic rights, etc. during an emergency period and re-examine the continuity of such emergency judicial review or the continuation of the emergency at any stage thereafter. By the Principal President of the Supreme Court. The question needs to be exercised in mind as to whether an order was guaranteed under Article 233 (2), if so, to what extent should the President also try to expect that citizens and fundamental Minimum rights constraints. To suspend the enforcement of the fundamental rights that are directly linked to the success of the situation mentioned in Article 232 (1) of the Constitution. Emergency has to successfully discriminate when imposed when a country is engaged in a real war. Or the actual external aggression is subjected to and when imposed for the same purpose for the purpose of suspension, the continuation of the basic law and the emergency must be real and precise coordination between the legislative and defense situation. Under Article 232 (1) of the Constitution, when the legislation is a suspension of the enforcement of fundamental rights. The State has got the authority to make any law or take any administrative action in contravention of Arts 15, 16, 17, 18, 19 and 24 of the Constitution, which was not lawful and guaranteed by law and thus had no legal effect. was not. The court has the authority to review or re-examine the continuity of the emergency at any stage, if the circumstances confirm.

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