Law:

Section:

(a) Constitution of Pakistan-------Art. 9---Access to justice, right of---Scope---Right of access to justice was a well-recognized inviolable right enshrined in Art.9 of the Constitution and was equally found in the doctrine of "due process of law"---Such right included the right to be treated according to law, the right to have a fair and proper trial and a right to have an impartial court or tribunal. (b) Constitution of Pakistan--- ----Arts. 9 & 175(3)---Access to justice and independent judiciary, right of---Scope---Right of access to justice and independent judiciary was one of the most important rights of the citizens and if there was any threat to the independence of judiciary, it would tantamount to denial of access to justice, which was a fundamental right under Art.9 of the Constitution. Baz Muhammad Kakar v. Federation of Pakistan PLD 2012 SC 923 ref. (c) Constitution of Pakistan--- ----Art. 184(3)---Public interest litigation, nature of---Jurisdiction of Supreme Court---Scope---Public interest litigation was inquisitorial in nature and not adversarial---Supreme Court had the jurisdiction to adjudicate upon a case if it fell within the ambit of inquisitorial proceedings. Wattan Party v. Federation of Pakistan PLD 2011 SC 997; All Pakistan Newspapers Society v. Federation of Pakistan PLD 2012 SC 1 and Workers' Party Pakistan v. Federation of Pakistan PLD 2012 SC 681 ref. (d) Words and phrases--- ----"Court"---Meaning. Corpus Juris Secundum Vol 21; Halsbury's Laws of England, 4th Edn. Vol. 10; The Oxford Companion to Law by David M. Walker; Words and Phrases Legally Defined (1969 Edn. Vol 1, p.367); The Major Law Lexicon, 4th Edn. 2010; Black's Law Dictionary and Ballentine's Law Dictionary ref. (e) Constitution of Pakistan--- ----Arts. 175(3), 2A, Preamble & Part.II, Chap. 1 [Arts. 8 to 28]---Independence of judiciary---Scope and significance---Independence of judiciary was a basic principle of the constitutional system of governance---Constitution made it the exclusive power/responsibility of the Judiciary to ensure the sustenance of the system of "separation of powers" based on checks and balances and this was a legal obligation assigned to…

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