SYED SAAD ALI vs FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY — 2026 SCMR 22 SUPREME-COURT

Case information

Citation: 2026 SCMR 22 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: SYED SAAD ALI vs FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY
Subject matter: Criminal

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

SYED SAAD ALI VS FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY. Presumption in favour of constitutionality of a law---Courts to favour saving the law---Scope. The Courts while examining the validity of any law, rule or regulation are required to maintain a presumption in favour of constitutionality of the enactment. Held: A law should be saved rather than destroyed and the Court must lean in favour of upholding the constitutionality of legislation unless it is ex facie violative of a constitutional provision. The burden lies upon the person challenging the validity of a law to establish that the impugned provision suffers from constitutional infirmity. The Legislature is presumed to have acted within its constitutional authority and the Courts should adopt an approach which preserves the validity of legislative enactments rather than striking them down unnecessarily. Where two interpretations of a statutory provision are possible, one sustaining the validity of the law and the other rendering it unconstitutional, the interpretation favouring constitutionality should ordinarily be preferred. The Supreme Court reiterated that judicial review of legislation requires caution and respect for the legislative process. A law cannot be declared unconstitutional merely on the basis of doubt, inconvenience or disagreement with legislative policy. The presumption of constitutionality continues unless the challenger demonstrates that the enactment is clearly beyond legislative competence or expressly violates a constitutional guarantee.

Other judgments reported in 2026 SCMR

2026 SCMR 1063 SUPREME-COURTMUHAMMAD IMRAN VS ISHFAQ AHMED. Ss. 12 & 39---Suit for specific performance of agreement to sell---Agreement already cancelled by Court of c…
2026 SCMR 1056 SUPREME-COURTSALAMAT ALI VS State. S. 365-A---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7(e)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Kidnapping…
2026 SCMR 36 SUPREME-COURTMUHAMMAD ASHRAF ANJUM VS SABIR HUSSAIN Ss. 12 & 22---Contract Act (IX of 1872), S. 55---Suit for specific performance of agreement to sell--…
2026 SCMR 1045 SUPREME-COURTPROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore VS MUHAMMAD KHALIL. Art.260---Service of Pakistan---Meaning…
2026 SCMR 1045 SUPREME-COURTPROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore VS MUHAMMAD KHALIL. S.4(2) [as amended by Punjab Emergency…
2026 SCMR 966 SUPREME-COURTGHULAM ALI VS ALI SHER. Art.185(3)---Appellate jurisdiction of Supreme Court---Concurrent findings---Interference. Concurrent findings canno…

Back to the case-law library · Search Pakistani case law in Urdu or English