ISLAMABAD, May 10: Justice Munir A. Sheikh of Supreme Court on Friday observed that the Syed Zafar Ali Shah case, validating the military take-over on the doctrine of necessity, might be cited by lawyers even in cases of dissolution of marriage.
This observation was made by the senior puisne judge when a lawyer, Dr Babar Awan, cited the Syed Zafar Ali Shah case, in a property dispute case, filed by the legal heirs of a deceased.
A Supreme Court bench, comprising Justice Munir A. Sheikh, Justice Qazi Farooq and Justice Sardar Raza Khan, showed amazement when the case was first cited, and asked the counsel to show relevance with the property case.
The lawyer, who faced a barrage of questions by the court on the question how he was demanding a relief which was not sought in the petition, stated that in the Syed Zafar Ali Shah case, the court had done exactly the same thing.
The SC, he stated, had granted such relief to the petitioner that had not been demanded by anybody.
Justice Qazi Farooq observed that the counsel was perhaps referring to the grant of legislative powers to amend the constitution, which had not been demanded.
Justice Munir A. Sheikh observed that the Syed Zafar Ali Shah case would be cited in dissolution of marriage cases as well.
In the Syed Zafar Ali Shah case, the Supreme Court bench validated the military take-over and granted legislative powers to the military ruler to amend the constitution to ensure orderly running of governance.