| Citation(s) |
|---|
| 2007 SLG 3402 2007 SLD 3402 2007 PLJ 814 |
Supreme Court of Pakistan
Constitution Petition Nos. 21, 7, 8, 10, 11, 12, 15, 16, 18, 19, 22, 23, 24, 25, 27, 30, 31, 32, 33, 34, 35, 38 & 40 of 2007, C.M. Appeal Nos. 22 &
KHALIL-UR-REHMAN RAMDAY, MUHAMMAD NAWAZ ABBASI, FAQIR MUHAMMAD KHOKHAR, MIAN SHAKIRULLAH, JAN,
Ch. Aitzaz Ahsan, Sr. ASC, Mr. Hamid Khan, Sr. ASC, Mr. M.S. Khattak, AOR Assisted by Barrister Gohar Ali Khan, Mr. Nadeem Ahmed and Mr. Shahid Saeed, Advocates (under special permission granted by this Court) for Petitioner (in Const. P. No. 21 of 2007).
Constitution Petition Nos. 21, 7, 8, 10, 11, 12, 15, 16, 18, 19, 22, 23, 24, 25, 27, 30, 31, 32, 33, 34, 35, 38 & 40 of 2007, C.M. Appeal Nos. 22 &
KHALIL-UR-REHMAN RAMDAY, MUHAMMAD NAWAZ ABBASI, FAQIR MUHAMMAD KHOKHAR, MIAN SHAKIRULLAH, JAN,
Ch. Aitzaz Ahsan, Sr. ASC, Mr. Hamid Khan, Sr. ASC, Mr. M.S. Khattak, AOR Assisted by Barrister Gohar Ali Khan, Mr. Nadeem Ahmed and Mr. Shahid Saeed, Advocates (under special permission granted by this Court) for Petitioner (in Const. P. No. 21 of 2007).
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY
VS
THE PRESIDENT OF PAKISTAN through the Secretary and others--Respondents
Law:
Section:
Constitution of Pakistan, 1973-- ----Arts. 184(3) & 187--Reference against Chief Justice of Supreme Court by President--Before Supreme Judicial Council--Assailed--Constitutional petition--Maintainability--Petition was unanimously declared maintainable. [P. 818] A Constitution of Pakistan, 1973-- ----Art. 209(5)--Supreme Judicial Council--Reference against Chief Justice of Pakistan by President--Challenged through Constitutional petition--By majority view direction (Reference) is set aside. [P. 818] B Judges (Compulsory Leave) Order-- ----President Order No. 27 of 1970--Validity of the order--Challenged before Supreme Court--Order dated 15.3.2007 is unanimously declared to have been passed without lawful authority. [Pp. 818 & 819] C Appointment of Acting Chief Justice-- ----Validity of appointment of Acting Chief Justice--Constitutional petition before Supreme Court--Appointment in-question are unanimously declared to have been made without lawful authority. [P. 819] D Order For detailed reasons to be recorded later, the following issues arising out of this petition are decided as under:-- (I) MAINTAINABILITY OF COP NO. 21 OF 2007 FILED UNDER ARTICLE 184(3) OF THE CONSTITUTION This petition is unanimously declared to be maintainable. (II) VALIDITY OF THE DIRECTION (THE REFERENCE) ISSUED BY THE PRESIDENT UNDER ARTICLE 209(5) OF THE CONSTITUTION By a majority of 10 to 3 (Faqir Muhammad Khokhar, J., M. Javed Buttar, J. and Saiyed Saeed Ashhad, J. dissenting), the said direction (the Reference) in question dated March 9, 2007, for separate reasons to be recorded by the Hon. Judges so desiring, is set aside. (III) VIRES OF JUDGES (COMPULSORY LEAVE) ORDER BEING PRESIDENT'S ORDER NO. 27 OF 1970 AND THE CONSEQUENT VALIDITY OF THE ORDER DATED 15.3.2007 PASSED BY THE PRESIDENT DIRECTING THAT THE CJP SHALL BE ON LEAVE The said President's Order No. 27 of 1970 is, unanimously declared as ultra vires of the Constitution and consequently the said order of the President dated 15.3.2007 is also, unanimously declared to have been passed without lawful authority. (IV) VALIDITY OF THE ORDER OF THE PRESIDENT DATED 9.3.2007 AND OF THE ORDER OF THE SAME DATE OF THE SUPREME…
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