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WUKALA MAHAZ BARAI TAHAFAZ DASTOOR versus FEDERATION OF PAKISTAN


Arts 199 and 185 (3) Constitutional jurisdiction of High Court scope matters related to foreign policy, defense and domestic security were filed before the High Court, which said that the Federation should be instructed to arm the armed forces of Pakistan. Command forces to defend. Pakistan against external aggression by US forces under the North Atlantic Treaty Organization (NATO), which occupied Afghanistan. To declare the United States a hostile state and to declare all measures provided by domestic law such as the expulsion of its diplomatic staff and the seizure of assets. If the defense of Pakistan's nuclear weapons (Pakistan's) defense was not worth it and instead threatened its survival, the Federation could be instructed to sell it to the highest bidder in the international market. Or keep it in safe custody. The issues of maintaining Iran and its prayers in the Constitution Petition were related to foreign policy, defense and security issues of the country. Such matters were neither fair nor arbitrary under Article 199 of the Constitution. Any such interference in the judicial domain would be a violation of one of the fundamental principles of the Constitution, which was presumed to be a trichotomy of powers between legislators, executives and the judiciary for leave to appeal. The appeal will be made and so the leave was refused.

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