Dosso Case
Dosso v. Federation of Pakistan
It was the first constitutional case after the promulgation of Constitution of
Pakistan of 1956 and an important case in Pakistan's political history.
got prominence as it indirectly questioned the first martial law.
Background
Dosso a resident of tribal district Loralai committed a murder and trialed
by Loya Jirga.
He was charged for murder under the section 11 of the FCR 1901 and was
convicted for it by Loya Jirga.
Dosso's relatives challenged the decision of Loya Jirga in Lahore High Court. The
High Court considered the case according to the 1956 constitution of
Pakistan and ruled in favor of Dosso.
The High Court declared that FCR is against the constitution.
Loya Jirga's decision was declared null and void.
Federal Government of Pakistan filed an appeal in Supreme Court of
Pakistan against the verdict of High Court.
Appeal to Supreme Court
Federal Government of Pakistan appealed against the decision of Lahore High
Court in the Supreme Court of Pakistan and Supreme Court set the hearing date
for the case on 13 October 1958.
Judgement of Supreme Court
The Supreme Court after restoration decided the case against the decision
of Lahore High Court. Supreme Court bench headed by Justice Munir based its
decision on Hans Kelsen's General Theory of Law and State.
Main aspects of judgement
The judgment legitimized the martial law of 1958 as a bloodless coup and a
kind of peaceful revolution which was not resisted or opposed by the public
implied that public is satisfied with this change or revolution, so therefore this
martial law is legit.
Impacts on Politics
Legitimization of martial law given power to CMLA Ayub Khan who used it to
rule the country for next 10–11 years.
Democratic process in the country was crippled which had recently been
on the road after the promulgation of 1st constitution in 1956.
Military was encouraged by it for future interventions which occurred three
times afterwards.
Abrogation of the 1956 Constitution also disturbed the ties
between East and West Pakistan which were recently settled.
The decision validated the British implied legacy of Frontier Crimes
Regulation, which was known as the Black Law continued to be
enforced in the tribal region till 2018.
Independence of Judiciary
The judiciary once again bowed down in front of executive in this case and
concept of separation of powers further diminished.
