The State vs. Dosso and Other (PLD 1958 S.C. 533)

State V/s Dosso case (updated)
STATE V/S DOSSO CASE......1958

P.L.D. 1958 S.C. 553
Introduction:
State v/s Dosso is a simple case of murder committed by a person named Dosso in Balochistan.
He was convicted under the tribal system of justice by Loya Jirga as enumerated in FCR(frontier
crimes regulation); but his relatives approached to the Lahore high court which repealed the
decision of Loya Jirga,later on, on the appeal of Federal Govt,Supreme court reversed the
decision of Lahore High court.The case got prominence, because it indirectly questioned the
legitimization of Martial law imposed by Iskandar Mirza on 7th Oct, 1958.
Background:
A murder took place in the Lora lai district of Balochistan by a person named as Dosso. He was
arrested and was handed over to the Council Of Elders(Loya Jirga).The Tribal authorities
charged him under FCR, 1901.The relatives of Dosso upon this filed a writ petition in Lahore
High court against the decision of Loya jirga.Lahore high court heard the case under the
constitution of 1956, and held its verdict in favor of Dosso. Lahore high court also declared FCR
as an unconstitutional.The Federal Govt filed appeal against this decision in SC of Pakistan.SC
decided the case in favor of the federal govt.
Main Events/Facts:
1)Arrest and Conviction of Dosso:

Dosso and other were convicted under Section 11 of FCR 1901, and handed over to Loya Jirga.
The Jirga convicted Dosso.
2)Petition in Lahore High court against FCR:

The relatives of Dosso filed a petition against the proceedings of council of elders regarding
Dosso case in Lahore High Court. They challenged the references and the convictions on the
grounds that the relevant provision of the FCR were void being repugnant in the " Equity before
Law" and the equal protection of Law" and the right to counsel embodied in Articles 5 and 7 of
the 1956 Constitution.
3)Decision of Lahore High Court:

the High Court decided the case in favor of Dosso and declared FCR repugnant to 1956
constitution. Article 5 and 7 of which ensured the equality of all before the law. Thus Lahore
High Court decided the proceedings of council of elders as null and void under FCR, 1901.
Effect of Lahore High court:
the effects of this decision were that, after the declaration of FCR as repugnant to the
constitution; then the validity of those cases were questioned, which were decided under
 

 
 
 
 
 
 
 
 

 
 
 
 

FCR since long before it was enacted, and especially since 1956 when the new constitution
was promulgated.
Appeal in the Supreme Court of Pakistan:

The Federal Government of Pakistan went into an appeal in SC against the verdict of the
Lahore High Court.The Supreme Court decided 13th October 1958 as the date for hearing
the case. But prior to that on October 7, 1958, a drastic change came in the political history
of Pakistan; when 1st martial was Imposed in the country.
Promulgation of Martial Law:
On October 7th 1958 the President of Pakistan Iskandar Mirza declared Martial Law in the
country and made AYUB KHAN as Chief Martial Law Administrators(CMLA). the central and
provincial legislature were dissolved with the abrogation of the 1956 Constitution.
Laws ( Continuance in Force ) order: ( October 11,1958 )
Three days later the Laws( continuance in Force ) order was issued according to which all other
laws except those of 1956 constitution were validated and also the jurisdiction of all courts were
restored. Thus, law ( continuance in force ) order 1958 was the NEW LEGAL ORDER, which
replaced the old legal order i-e the 1956 constitution.
SOME TECHNICAL POINTS:
Followed by the imposition of Martial Law some technical points raised in

dosso case throughout the country.
a) if Supreme Court would upheld the decision of Lahore High Court in Dosso case, it means the
1956 Constitution was still in force as Lahore high Court decided the case in accordance with
Article 5 and & 7 of the 1956 constitution.
b) And if 1956 constitution was still enforce then what was the role of Martial law regulation i-e
Laws ( continuance in Force ) Order 1958. In short it would have been a challenge to the Martial
Law administration.
JUDGEMENT OF THE SUPREME COURT:

The Supreme Court decided the case unanimously against the verdict of Lahore High Court. The
Supreme Court decision was based on the Hans KELSON'S THEORY OF LEGAL
POSITIVISM.
MAIN POINTS/ASPECTS OF THE JUDGMENT:

1)LEGALIZATION OF 1958 martial law
The judgment held that 1958 Martial law imposition is a kind of revolution(peaceful revolution)
which is not resisted or opposed by the common people; this clearly defines that the people are
happy with this change, thereafter this revolution or martial law is legal as long as it satisfies the
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
common people.
2)Recognition of Laws ( continuance in force ) order:

The Supreme Court held that the Laws ( continuance in Force ) order 1958 was the NEW
LEGAL ORDER and the validity of laws and the correctness in the judicial decisions would be
determined according to it.
3)Restoration of FCR:
The Supreme court also held that as the 1956 constitution was abrogated therefore FCR 1901
was still in force in accordance with the laws (continuance in force ) order, 1958.
4) The Decision Of LOYA JRGA Is Valid:

The court also made a reference to the decision of council of elders, that its decision is valid and
up to the mark.
Critical Analysis/Commentary/Impacts of SC verdict:

1)Recognition of ML:
The judgement of SC recognized the ML as legal and valid action; this had a far reaching effects
on the political history of Pakistan.It opened the gates for the future ML”s in the country; also
the recognition of ML provided with absolute powers in the hands of ML administrator who
generously used it for next 10-11 years.
2)Halt Democratic process:

The verdict of Sc halted the democratic process of Pakistan which had recently been on the road
after the promulgation of 1st constitution of Pakistan on 23rd march 1923; and threw the country
onto the track of dictatorship.
3)Deprivation from Constitution:

As a result of the judgment, Pak was deprived from its 1st independent constitution framed and
promulgated after so much efforts, and a long struggle of 11 years.
4)Encouraged Military intervention:

The verdict of Sc encouraged the subsequent military interventions in the politics of Pakistan;
which occurred three times i-e Gen. Yahya 1967, Gen. Zia 1979 and finally Gen. Musharraf in
1999, after this sad event.These interventions potently damaged the democratization in pak.
5) FCR Revalidated:
The judgement of Sc revalidated the British Imperial legacy, the curse, i-e FCR; popularly
known as black law in the tribal areas of Frontier and Baluchistan; which is still enforced even
today.Had it not been declared as valid in 1958, the disturbances now in these regions would
have not been exist, if these people were brought under the arena of normal judicial system of
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
Pakistan.
6) Damaged Independence of Judiciary:

The verdict was a serious blow to the independence of judiciary.The judiciary was bound to
render its services under the new legal order of,Laws (continuance in force 11 Oct, 1958);even if
the the judges have to give decisions against the basic principles of justice, they were bound to
do so.
7) Curbing of Appellate Jurisdiction:

The decision also took away the power of the courts to hear appeals against the cases/actions of
federal Govt.
8) Laughing stock for civilized world:

The judgement provided a laughing stock for civilized world on Pakistan;Because of the
recognition of ML on the basis of Hans Kilson outdated theory, which is an irrelevant principle.
9) Judiciary Bow down in front of Executive:

Once again the judiciary bowed down in front of strong executive in this case.
10) Disturbed ties between East and west Pakistan:

The abrogation of 1956 constitution also led to the upset of agreements between East and West
Pakistan; which were resolved after long struggle under 1956 constitution.The grievances of East
Pakistan were almost pacified in 1956 consensus based constitution by incorporating both Urdu
and Bengali as national language etc.Had the ML was not legalized at that time, we would have
not lost East Pakistan…
 
 
 
 
 
 
 
 
 
 

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State V/s Dosso case (updated)

STATE V/S DOSSO CASE......1958

1)Arrest and Conviction of Dosso:

2)Petition in Lahore High court against FCR:

3)Decision of Lahore High Court:

Effect of Lahore High court:

Appeal in the Supreme Court of Pakistan:

Laws ( Continuance in Force ) order: ( October 11,1958 )

Followed by the imposition of Martial Law some technical points raised in

JUDGEMENT OF THE SUPREME COURT:

MAIN POINTS/ASPECTS OF THE JUDGMENT:

2)Recognition of Laws ( continuance in force ) order:

4) The Decision Of LOYA JRGA Is Valid:

Critical Analysis/Commentary/Impacts of SC verdict:

2)Halt Democratic process:

3)Deprivation from Constitution:

4)Encouraged Military intervention:

6) Damaged Independence of Judiciary:

7) Curbing of Appellate Jurisdiction:

8) Laughing stock for civilized world:

9) Judiciary Bow down in front of Executive:

10) Disturbed ties between East and west Pakistan:

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