PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad art — 2022 PLD 574 SUPREME-COURT

Case information

Citation: 2022 PLD 574 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad art

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

PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad art. 184(3)---Matters of national security---Non-interference by the judiciary---In claims of the defence of national security properly and lawfully raised before it, the judicial branch tends to tread carefully and takes into consideration as appropriate the views of the Executive---However, the restraint exercised by the Courts in matters of national security should not be absolute---When national security is taken as a defence to sustain a decision by the Government that is prima facie unconstitutional then the Government is under an obligation to substantiate the bona fides of its defence---To do so the Government must produce evidence to demonstrate the defence in order to escape legal scrutiny of its impugned action under ordinary principles of judicial review.

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