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MUHAMMAD AFZAL vs SECRETARY ESTABLISHMENT DIVISION ISLAMABAD S — 2021 SCMR 1569 SUPREME-COURT

Case information

Citation
2021 SCMR 1569 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD AFZAL vs SECRETARY ESTABLISHMENT DIVISION ISLAMABAD S
Provisions referred to
S. 4---C; S. 4

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AFZAL VS SECRETARY ESTABLISHMENT DIVISION ISLAMABAD S. 4---Constitution of Pakistan, Art. 240---Civil service---Non-obstante clause under S. 4 of the Sacked Employees (Re-instatement) Act, 2010, ('Act of 2010')---Constitutionality---Such clause could not over-ride the provisions of the Constitution---Given the fact that the legislature itself was subservient to the Constitution, a non-obstante clause could not be deemed to override the provisions of the Constitution itself---Section 4 of the Act of 2010 (non-obstante clause) also excludes the application of the judgments of the Supreme Court or any High Court---Effect of the non-obstante clause, was, in essence, to nullify a judgment of the Supreme Court, but a legislature could not destroy, annul, set aside, vacate, reverse, modify, or impair a final judgment of a Court of competent jurisdiction---Section 4 of the Act of 2010 (non-obstante clause) failed to provide unfettered protection to the said Act and was rendered ineffective through the very judicial pronouncement it sought to oust.

Other judgments reported in 2021 SCMR

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