Case Details

Citation(s)
2019 SLG 1211 2019 SLD 1211 2019 PLD 399
Sindh High Court
Constitutional Petition No. 3229 of 2018, decision & hearing Dated: 25-04-2018.
OMER SIAL, JUSTICE
Petitioner(s) by: person.
Respondent(s) by: Nemo

SYED MUHAMMAD IQBAL KAZMI

VS

GOVERNMENT OF PAKISTAN AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 4,8,25,37,175A(1),177(2)(a),199

(a) Constitution of Pakistan--- ----Arts. 4, 8, 25, 37, 175-A 177(2)(a) & 199---Constitutional petition---Maintainability---Judge of (Sindh) High Court who was fourth on the seniority list was elevated as a Judge of the Supreme Court---Plea of petitioner that elevation of said Judge was against Arts.4, 8, 25 & 37 of the Constitution, and that Art.177(2)(a) of the Constitution was in conflict with Arts.25, 37 & 175-A of the Constitution---Validity---Petitioner conceded that he had not filed the present Constitutional petition for enforcement of any of his Fundamental Rights as enshrined in the Constitution nor same had been infringed in any manner---Besides, petitioner also conceded that the Judge in question who was nominated for appointment as a Judge of the Supreme Court was eligible and fulfilled therequisite conditions as envisaged in the Constitution---Constitutional petition was dismissed accordingly. (b) Constitution of Pakistan--- ----Arts. 175-A(1) & 177(2)(a)---Appointment of a Judge of the High Court as a Judge of the Supreme Court---Such appointment was a fresh appointment and not a…
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