Muhammad Nawaz Sharif vs. President of Pakistan. (PLD 1993 S.C. 473).

FACTS:

In this article, we discuss the case Mian Nawaz Sharif vs President of Pakistan
PLD1993 SC473. First, we discuss the facts of the case. Although both Prime Minister
Nawaz Sharif and President Ghulam Ishaq Khan were conservative, differences over
authority emerged between them and such differences intensified in 1993. On the
evening of 17th April 1993, Muhammad Nawaz Sharif, Prime Minister of Pakistan
Addressed the Nation on National Radio and Television Networks. It was an emotional
address wherein he alleged that some political elements had gathered under the
umbrella of the President and were conspiring to overthrow his elected government.

He ended his speech with the following challenging words;

"I will not resign; I will not dissolve the National Assembly; I was not dictated to".

On the evening of 18th April 1993 barely 24 hours after this emotional and challenging
address was delivered, the President of Pakistan exercised the powers conferred on
him under Article 58(2)(b) of the constitution, ordered the dissolution of the Assembly,
dismissed the Prime Minister and his Cabinet and called for the general election in the
country. A caretaker Cabinet was without delay on oath on the same evening.

ORDER OF PRESIDENT:

The order of termination of the National Assembly was in the following conditions:

President said;

Now, therefore, I Ghulam Ishaq Khan, President of the Islamic Republic of Pakistan in
the exercise of the powers conferred on me by clause (2)(b) of Article 58 of the
constitution of the Islamic Republic of Pakistan and all other authorities enable me, as a
result of this dissolve the Assembly with immediate effect; and fire the Prime Minister
and the cabinet who shall stop to hold office immediately.

After the dissolution of the National Assembly and the dismissal of the
government, Nawaz Sharif filed this case in the Supreme Court of Pakistan.

DECISION OF SUPREME COURT:

1. In this circumstance, the dismissal of the Prime Minister along with his cabinet
and the dissolution of the National Assembly under the purported exercise of powers
conferred on the President under Article 58(2) (b) could be upheld. The action taken did
not fall within the realm of this provision. This unlawful action moreover was also a
violation of Fundamental rights.

 2. By majority (of 10 to 1) it was held that the order of the appeal 1993, passed by
the President of Pakistan is not within the powers conferred on the President U\A 58(2)
(b) of the constitution and other powers accessible to him in that behalf and has,
therefore been passed without lawful authority and is of no legal effect.

3. As a consequence of our order, the National Assembly, Prime Minister and

Ministers and the cabinet shall stand restored and entitled to function as immediately
before the impugned order was passed.

CONCLUSION:

To sum up, in the case of Mian Nawaz Sharif vs President of Pakistan PLD1993
SC473 it can be stated that some political critics think the decision of the Supreme
Court, in this case, is a landmark in the history of the judiciary of Pakistan. They explain
this reason in favour of their opinion that it was for the first time that the President s
exercise of powers under article 58 (2) (b) of the constitution was not acknowledged and
was confirmed unconstitutional and illegal.

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