বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/১২৭
| শিরোনাম | সূত্র | তারিখ |
|---|---|---|
| পাকিস্তান গণপরিষদ বাতিলের বিরুদ্ধে তমিজ উদ্দিন খানের রীট আবেদন | ঢাকা ল'রিপোর্ট পশ্চিম পাকিস্তান ৭ম খণ্ড | ...........১৯৫৫ |
154 TAMIZUDDIN KHAN VERSUS FEDERATION OF PAKISTAN
(W.P.C. SIND) VII. D.L.R.
[Excerpts from the Writ petition by Tamizuddin Khan against the dissolution of Constituent Assembly of Pakistan]
...The petitioner’s case is stated in para 11 which is reproduced below:
“The petitioner is advised that the alleged Proclamation is unconstitutional, illegal, ultra vires, without jurisdiction, inoperative and void on the following among other grounds:
(a) That His Excellency the Governor-General has no authority either under the Indian Independence Act of 1947 or under the Government of India Act, 1935 (as adapted by Pakistan or under any law for the time being in force in Pakistan) for issuing the alleged proclamation.
(b) It is denied that the Constitutional Machinery had broken down. It is submitted that the said allegation was made in the alleged proclamation merely with a view to justify the promulgation thereof. In any case the insertion of assertion of such allegation therein does not empower His Excellency the Governor-General to issue the alleged proclamation.
(c) Under the provisions contained in the India Independence Act 1947 the Constituent Assembly performs dual functions. It is invested with the higher overriding functions of acting as a supreme, sovereign, unfettered legislature and is also empowered to act as the Federal Legislature for the purposes of the Government of India Act 1935 (as adapted by Pakistan).
(d) The said proclamation recites that the Constituent Assembly could no longer function. If thereby it is purported or otherwise intended to dissolve the Constituent Assembly the said petitioner submits that the Proclamation is void as His Excellency the Governor-General has no power to dissolve the Constituent Assembly.
(e) It is denied that the Constituent Assembly has ceased to function. The Constituent Assembly cannot be dissolved by the Governor-General or any other authority except by the Assembly itself.
(g) As regards the Constituent Assembly exercising the powers of the Legislature of the Dominion, His Excellency the Governor-General has no jurisdiction. authority or power to dissolve it. The provisions regarding the summoning. adjourning a meeting, proroguing or dissolving the Constituent Assembly are contained in the rules framed by the Constituent Assembly. The President alone has the power to summon, adjourn a meeting of and to prorogue the Constituent Assembly. So far as dissolution is concerned it is provided that the Assembly could not be dissolved except by a Resolution assented to by at least two thirds of the total number of Members of the Assembly.
(h) It is therefore submitted that by virtue of alleged proclamation the Constituent Assembly could not be dissolved.
(i) His Excellency the Governor-General had no control over the Constituent Assembly (Constitution). In fact the acts passed by the Constituent Assembly in that capacity do not require his assent. It is provided that when a bill is passed, a copy thereof shall be signed by the President and it shall become law on being published in the Official Gazette of Pakistan under authority of the President.”·····