Dosso Case
State v. Dosso (PLD 1958 SC 533)
Introduction
The Dosso case is one of the most controversial constitutional cases in Pakistan's judicial history. Decided in 1958 by the Supreme Court of Pakistan, it validated General Ayub Khan's first martial law and became for justifying military takeovers under the "Doctrine of Necessity."
Background
1. Constitutional Setting
i. Pakistan was functioning under the 1956 Constitution, the country's first full constitution.
ii. On 7 October 1958, President Iskander Mirza abrogated the constitution, dissolved the assembles, and declared martial law.
iii. He appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator.
2. Legal Challenge
i. Dosso, a tribesman from the Loralai district, was convicted under the Frontier Crimes Regulation (FCR)
ii. He challenged the FCR before the Lahore High Court, which declared it inconsistent with the fundamental rights guaranteed in the 1956 Constitution.
iii. When martial law was declared, the case went to the Supreme Court.
3. Key Legal Question
i. Whether the abrogation of the 1956 Constitution and proclamation of martial law were valid.
ii. Whether laws made under the new regime had constitutional legitimacy.
Judgment
Chief Justice Muhammad Munir, using the Hans Kelsen's theory of revolutionary legality, held that:
i. A successful revolution or coup d'état itself becomes a basic law-creating fact.
ii. Once effective, it validates all new laws until displaced by another revolution.
iii. Hence, Ayub Khan's martial law was declared valid.
This established the "Doctrine of Necessity" , which was later misused to justify future military interventions.
Importance
i. Legalized Martial Law:
First case where judiciary validated military takeover.
ii. Doctrine of Necessity:
Became a permanent feature in Pakistan's constitutional history.
iii. Controversial Legacy:
Later overruled in the Asma Jilani Case (PLD 1972 SC 139 ), where the court declared Yahya Khan's martial law illegal.
Important MCQs from past papers
1. The Dosso case (PLD 1958 SC 533) was decided under which Constitution of Pakistan?
Ans: 1956 Constitution
2. The doctrine of necessity was first introduced in Pakistan in which case?
Ans: Dosso Case
3. Who was the Chief Justice of Pakistan at the time of the Dosso case?
Ans: Justice Muhammad Munir
4. Which theory of law was applied by Chief Justice Munir in the Dosso case?
Ans: Hans Kelsen’s Theory of Revolutionary Legality
5. Which later case overruled the Dosso case?
Ans: Asma Jilani Case
6. In the Dosso case, the Supreme Court validated which martial law?
Ans: General Ayub Khan’s Martial Law
Nusrat Bhutto case
Introduction
The Nusrat Bhutto case is one of the most significant constitutional case in Pakistan's judicial history.
It arose after the imposition of Martial Law in July 1977 by General Muhammad Zia-ul-Haq, who overthrew Prime Minister Zulfikar Ali Bhutto's elected government. The case was filed by Begum Nusrat Bhutto, wife of the deposed Prime Minister, challenging the detention of her husband and other political leaders under Martial Law regulations.
The Supreme Court's decision in this case gave birth to the " Doctrine of Necessity" in its modern from and had far-reaching implication on [Pakistan's constitutional and democratic development.
Background
1. Political Context
i. In March 1977, general elections were held in Pakistan, The Pakistan Peoples Party (PPP), led by Zulfikar Ali Bhutto, won by large margin, but the opposition parties ( Pakistan National Alliance- PNA) alleged massive rigging.
ii. Nationwide protects and unrest followed. The political crisis deepened, leading to negotiations between the government and opposition.
2. Military Coup
i. On 5th July 1977, General Zia-ul- Haq, the Chief of Army Staff, imposed Martial Law, dissolved the assemblies, suspended the Constitution, and arrested Bhutto along with many other politicians.
ii. Political activity was banned, and the country was placed under military control.
3. Filing of Petition
i. Begum Nusrat Bhutto filed a constitutional petition ( under Article 184(3) of the Constitution) before the Supreme Court, challenging:
The imposition of Martial Law.
* The detention of her husband and other political leaders.
* The suspension of fundamental rights.
Issues Before the Court
The Supreme Court had to address:
I. Whether the military coup and the imposition of Martial Law were constitutional.
II. Whether the detention of political leaders, including Zulfikar Ali Bhutto, was lawful.
III. Whether the Constitution remained the supreme law of the land under Martial Law.
Supreme Court's Decision
The Supreme Court, led by Chief Justice Anwar-ul-Haq, delivered judgment in PLD 1977 SC 657.
I. Validation of Martial Law:
The Court validated General Zia's Martial Law under the Doctrine of State Necessity and Doctrine of Salus Populi Est Suprema Lex (welfare of people is the supreme law).
It held that the coup was necessary to prevent anarchy and to ensure law and order.
II Continuity of the Constitution:
The Court stated that the Constitution of 1973 was not abrogated but only held in abeyance in certain parts.
Detention Upheld:
The preventive detentions of political leaders were held lawful.
Conditions Imposed:
The Court directed that:
i. Elections should be held within a reasonable time (90 days, but this was not honored).
ii. Martial Law was temporary and for the good of the state.
Impact and Importance
1. Birth of the Doctrine of Necessity
This case firmly established the Doctrine of Necessity in Pakistan's constitutional jurisprudence, justifying extra-constitutional actions in the "larger interest of the state."
2. Strengthening Military Rule
The judgment provided judicial cover to General Zia's Martial Law, allowing him to prolong his rule until 1988.
3. Erosion of Democratic Norms
It weakened parliamentary democracy by legitimizing unconstitutional military interventions.
4. Judicial Precedent
Later cases (e.g., Zafar Ali Shah Case 2000 validating General Musharraf's coup) relied on the Nusrat Bhutto judgment as precedent.
Conclusion
The Nusrat Bhutto Case stands as a turning point in Pakistan's constitutional history. While it sought to challenge the military's authority, ironically, the Supreme Court's ruling legitimized military rule. It highlighted the judiciary's tendency to compromise under pressure and set a precedent for future military interventions.
MCQs on Nusrat Bhutto Case
Q.1: Nusrat Bhutto case was decided in which year?
Answer: 1977
Q.2: The full citation of the Nusrat Bhutto case is:
Ans: PLD 1977 SC 657
Q.3: Who filed the petition in the Nusrat Bhutto case?
Ans: Begum Nusrat Bhutto
Q.4: Against whom was the Nusrat Bhutto petition filed?
Ans: General Zia- ul- Haq
Q.5: What was the main constitutional question in the Nusrat Bhutto case?
Ans: Legality of Martial Law imposed by Zia-ul-Haq
Q6. Which constitutional doctrine was applied by Supreme Court in Nusrat Bhutto case?
Ans: Doctrine of Necessity
Q.7 Who was the Chief Justice of Pakistan during the Nusrat Bhutto case?
Ans: Justice Anwar-Ul- Haq
Q.8 What was the decision of the Supreme Court in Nusrat Bhutto case?
Ans: Martial Law upheld as valid under Doctrine of Necessity
Q.9: Which earlier precedent was relied upon by the Supreme Court in Nusrat Bhutto case?
Ans: State v. Dosso (PLD 1958 SC 533)
Q.10: What was the long-term impact of the Nusrat Bhutto case on Pakistan's constitutional history
Ans: Validated Military Intervention in Politics