Molvi Tameez ud din Khan case.. significance

[eLeGaNtPrInCeSs]

HI all,
What is the significance of Molvi Tameez ud din Khan case.Can anybody elaborate please?

[wajid582]

The repercurssions of Tamiz case.
Diminished the chances of successful Democracy.
Bowed the judiciary before executive in the subsequent years.
Foundation of the "law of necessity".
Delayed the formulation of constitution of Pakistan.
Paved way for imposition of Martial laws and abrogation of constitutions.
Cause loss of control of Muslim League in politics in 1954.
W A Khan

[Hina 11(MISS Einstein)]

The term Doctrine of Necessity is used to describe the legal basis for a controversial 1954 judgment in which Pakistani Chief Justice Muhammad Munir validated the extra-constitutional use of emergency powers by the then Governor General, Ghulam Muhammad.
In that famous Maulvi Tamizuddin Khan vs. The Federation of Pakistan case, the unconstitutional dissolution of Pakistan’s First Constituent Assembly by Governor General Ghulam Mohammad was challenged by the petitioner. The then Chief Justice of Pakistan, Justice Mohammad Munir gave a landmark verdict that changed the course of Pakistan’s History - perhaps forever.

Prior to his verdict and also subsequent to that, Justice Munir noted that the issue before the court was not merely a legal issue, it was in fact a political one. He suggested that such issues may be best resolved in the political sphere through negotiation and compromise. In saying so, Justice Munir was especially concerned about the inability of the Court to enforce a decision. The court, he noted, does not have any instrument of power to enforce its ruling if it decides to side with the petitioner (Maulvi Tamizuddin Khan). Indeed, the government - with all the instruments of power at its disposal - can easily ignore the court’s ruling thus putting the case back to where it belonged - in the domain of the people and their representatives. Of course, Justice Munir, knowing fully that an anti-government ruling would be entirely ignored, ultimately sided with the Government thus throwing the country into its worst constitutional crisis since its creation. The country has never forgiven him for doing so.However it wasJustice A.R Cornelius who gave his dissenting opinion in the landmark judgment handed down by the Supreme Court in the Maulvi Tamizuddin case.

[obaid_gondal]

In saying so, Justice Munir was especially concerned about the inability of the Court to enforce a decision. The court, he noted, does not have any instrument of power to enforce its ruling if it decides to side with the petitioner (Maulvi Tamizuddin Khan). Indeed, the government - with all the instruments of power at its disposal - can easily ignore the court’s ruling thus putting the case back to where it belonged - in the domain of the people and their representatives.

In my perception that was not the point for even today court has no instrument of power to enforce it's ruling...Ghulam Muhammad had taken that step with consultation of Justice Munir...Moreover had he given the verdict against Ghulam Muhammad, the governmental machinery would have seized to obey him.

[nazlili21]

Originally Posted by eLeGaNtPrInCeSs

HI all,
What is the significance of Molvi Tameez ud din Khan case.Can anybody elaborate please?

@elegantprincess

governor Genenral's decision to dissolve the contituent assmbly struck the 1st serious blow to the weak democratic institutions in Pakistan and which shook its very foundation.However the decision ofthe chief justice of Sindh high court hailed as the 1st attempt to strengthend the democratic norms and values in the country.
lateron the decision of High court of Pakistan provided a legal opportunity 4 the dissolution of the elected assmbly in Pakistan.Although the federal court in this case declared att every law passed by the Constituent Assmbly must recieve assent of Governor general but even this court of Pakistan in couple of other cases not made necessary the assent of G.G to certain laws passed by the assmbly.