The State v. Dosso and Others

1. Core Profile & Citations

• Case Citation: PLD 1958 S.C. 533
• Nature of Original Crime: A simple case of murder committed by Dosso.
• Geographic Location: The offense took place in the Loralai district of Balochistan.

2. The Legal System Under Challenge (FCR)

• The Law Applied: Dosso was charged and convicted under the Frontier Crimes Regulation (FCR), 1901.
• Specific Section: Conviction took place under Section 11 of the FCR, 1901.
• The Tribal System: He was convicted under the tribal system of justice by the Loya Jirga (Council of Elders).

3. The Judicial Journey & Verdicts

Phase 1: The Lahore High Court (First Instance)

• The Challenge: Dosso challenged his conviction in the Lahore High Court.
• The Ground: The High Court declared the FCR to be unconstitutional because it violated the Fundamental Rights guaranteed by the Constitution of Pakistan, 1956.
• The Verdict: The High Court declared the proceedings of the Council of Elders null and void, setting Dosso free.

Phase 2: The Political Shift (The Coup)

• Martial Law: President Iskander Mirza abrogated (annulled) the 1956 Constitution and declared Martial Law on October 7, 1958.
• Supreme Court Hearing Date: The Supreme Court fixed October 13, 1958 as the date for hearing the state's appeal.

Phase 3: The Supreme Court (Final Appeal)

• The Action: The Supreme Court set aside (reversed) the order of the Lahore High Court, deciding unanimously against its verdict.
• The Beneficiary: The decision was ruled in favor of the Federal Government.
• The Impact on Courts: The decision effectively took away the power of the courts to hear appeals against the cases of the Federal Government.
• Legal Outcomes: The case effectively legalized Martial Law.
  

4. Key Legal Jurisprudence

• The Bench Leader: Headed by Chief Justice Muhammad Munir.
• The Legal Theory: The Supreme Court upheld martial law by relying directly on Hans Kelsen's General Theory of Law and State (Theory of Legal Positivism).
• The Concept: Kelsen's theory argues that a successful revolution destroys the old legal order (Grundnorm) and makes the new ruler's laws valid.