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Citation
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Judgment date
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| March 2003 |
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Application to suspend Field Court Martial death‑sentence provisions refused; court found military necessity and special‑court status outweighed applicants' prima facie case.
Constitutional law – Military courts – Field Court Martial – Power to impose death sentence without Supreme Court confirmation – Article 22(1) right to life – Special status of Field Court Martial (articles 121(6), 137(5)) – Interim relief – balance of convenience and prima facie case.
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31 March 2003 |
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Interim suspension of Field Court Martial death-sentence provision refused; Field Court Martial deemed special, Article 22(1) not applicable in same manner.
* Military law – Field Court Martial – special subordinate court constituted for field operations – statutory and constitutional recognition of special status. * Constitutional law – right to life and fair hearing (Article 22(1)) – applicability to military special courts. * Appeals and confirmation of death sentences – regulatory scheme excludes Field Court Martial from Supreme Court confirmation. * Interim relief – prima facie case, balance of convenience, irreparable harm considerations.
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31 March 2003 |
| January 2003 |
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Court stayed operation of sections 6(3) and 6(4) of the Political Parties Act pending constitutional challenge, affirming power to grant interim relief against government.
Constitutional law – interim relief – power of Constitutional Court to grant interlocutory orders and stays incidental to declarations; Government immunity – limits of Government Proceedings Act s.15(2) vis-à-vis constitutional redress; Political Parties Act – stay of operation of statutory registration provisions pending constitutional challenge.
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16 January 2003 |
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The Constitutional Court may grant a stay of statutory provisions to protect constitutional rights pending final determination, notwithstanding statutory immunities.
* Constitutional law – Interim relief – Power of the Constitutional Court to grant stays/suspensions of statutory provisions pending determination of constitutional petitions – Articles 50 and 137. * Constitutional law – Remedies – Declarations and other orders of redress; inherent jurisdiction to preserve the status quo and protect fundamental rights. * Government Proceedings – State immunity and injunctions – statutory limitations construed compatibly with the Constitution; State not above constitutional remedies.
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16 January 2003 |
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Court stayed operation of sections 6(3) and (4) of the Political Parties Act pending constitutional petition, finding power to grant interim redress.
Constitutional procedure — interim relief — power to stay operation of statutory provisions pending constitutional determination; Article 137(4) and Article 50 remedial powers; limits of State immunity and injunctions against Government; inherent jurisdiction and adaptation of civil procedure for constitutional petitions.
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16 January 2003 |