| Citation(s) |
|---|
| 2016 SLG 2368 2016 SLD 2368 2016 PLD 961 |
Supreme Court of Pakistan
Constitutional Petition No. 3 of 2014 and C.M.A. No. 8540 of2015, decided on 26th September, 2016. Dates of hearing:9th, 10th, 11th, 12th and 16th May, 2016.
AMIR HANI MUSLIM, JUSTICE, MUSHIR ALAM, JUSTICE AND DOST MUHAMMAD KHAN, JUSTICE
Arif Chaudhry, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner.M. Shahzad Shoukat, Advocate Supreme Court for
Respondent No. 1.Syed Iftikahr Hussain Gillani, Senior Advocate Supreme Court for
Respondents Nos. 3-22, 24-29,
Constitutional Petition No. 3 of 2014 and C.M.A. No. 8540 of2015, decided on 26th September, 2016. Dates of hearing:9th, 10th, 11th, 12th and 16th May, 2016.
AMIR HANI MUSLIM, JUSTICE, MUSHIR ALAM, JUSTICE AND DOST MUHAMMAD KHAN, JUSTICE
Arif Chaudhry, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner.M. Shahzad Shoukat, Advocate Supreme Court for
Respondent No. 1.Syed Iftikahr Hussain Gillani, Senior Advocate Supreme Court for
Respondents Nos. 3-22, 24-29,
CH. MUHAMMAD AKRAMVSREGISTRAR, ISLAMABAD HIGH COURT AND others
Law:
Section:
(a) Constitution of Pakistan --------- ----------Art. 184(3) & Chap. 1, Pt. II---------Constitutional petition before the Supreme Court---------Maintainability---------Pre-requisites---------Once the Supreme Court had satisfied itself that the matter in hand was one that affected , the public at large and involved the infringement of Fundamental Rights protected under the Constitution, there remained no bar on its competence to entertain a petition under Art.184(3) of the Constitution. (b) Constitution of Pakistan --------- ----------Art. 184(3)---------Constitutional petition before the Supreme Court--¬Pre-requisites---------Matter of "public importance"---------Meaning---------Matter was of "public importance" if it directly and vitally concerned the general interest of the community or public at large, as opposed to the particular interest of an individual. Watan Party v. Federation of Pakistan PLD 2012 SC 292 ref. (c) Islamabad High Court Establishment (Appointment and Conditions of Service) Rules, 2011 --------- ----------Rr 4, 8, 16 & 18---------Constitution of Pakistan, Arts. 4, 18 & 184(3)--¬Constitutional petition before the Supreme Court challenging the appointments and absorptions made in the Islamabad High Court by the Chief Justice/Administration Committee of the Court-- Maintainability-Matter of public importance involving enforcement of Fundamental Rights of the citizens---------Appointments in the Islamabad High Court made in colourful exercise of power or by bypassing the transparent process of recruitment provided under the relevant service Rules, would have far reaching undulate effects on the public at large---------Exercise of power in a manner that resulted in depriving meritorious citizens from the opportunity of competing for public offices, was beyond a shadow of doubt a matter of "public importance"---------Such an unlawful exercise of power was also an abrogation of the Fundamental Rights guaranteed under Art.18 of the Constitution, which protected an individual's right to enter upon a lawful profession or occupation---------Right conferred under Art.18 had to be read with Art. 4 of the Constitution which provided every…