Wasim sajjad Vs Federation of

Pakistan
•Petitioner : Wasim sajjad
•Respondent : Federation of Pakistan
•Judge: Irshad hassan Khan CJ

PLD 2001 Verda Batool

22090082
SC 233
Petition no. 62/99 , 63/99, 53/99, 57/99, 66/99,64/99

Petition:
“Waseem sajjad sought review on the judgement dated 12th may 2000”

 Validation given to the military takeover applying principle of state necessity.

 The power to amend constitution conferred to chief executive.
 3 years time period granted to present government to prove their claim.
Arguments by Wasim sajjad:

• Circumstances in Begum Nusrat Bhutto vs Federation of Pakistan case were totally different from
circumstances on 12th October 1999.
• Dis approvement of Begum Nusrat Bhutto case by Article 270(A).
• He took the exception to the speech of chief Executive dated 17th October 1999.
• Doctrine of state necessity is contrary to the article 2(A).

Waseem sajjad actually challenged the Doctrine of STATE NECESSITY.

Arguments of court:

• The facts that the court had taken to judicial notice to justify military intervention on grounds
of state necessity and welfare of people as highlighted in case of Begum Nusrat Bhutto but
such facts were really non existent in the case of Zafar Ali Shah.
• The plea raised by Wasim Sajjad as to the non application of law of necessity was also raised at
the time of hearing of petitions of Ch M Farooq , Mr. Khalid , Mr. Zafar but they all were
repelled by court under Article 253 of judgement.
The court said that that through this point petitioners are trying to re agitate the same issues
which is not permissible in law. So the petition of Wasim sajjad was repelled by the court.
Verdict of court:
• Doctrine of necessity is validated.
• Dissention among armed forces.
• Corruption failed to establish good governance.
• Institutions were not functioning according to constitution.
• Powers to amend the constitution were curtailed to minimum.
Thank you