Law: Constitution of Pakistan, 1973

Section: 184(3)

Constitution of Pakistan--- ----Art. 184(3)---Miscellaneous application in constitutional petition under Art.184(3) of the Constitution before Supreme Court---Completion of period of one year tenure of Additional Judges of High Courts while their matter was sub judice before the Supreme Court under its constitutional jurisdiction and hearing of the case was still continuing and it could not be said with certainty as to how much time would be required to conclude the case---Chief Justices of the High Courts had requested that Supreme Court take steps so that said Judges may continue performing their duties as Additional Judges---Contention of the applicants was that facts and circumstances of the case necessitated for passing an interim order to avoid any legal and constitutional complications because the Judges who had served for a period of one year had got expectancy for their permanent appointment but their cases could not be taken up as the matter was sub judice before the Supreme Court---Held, non-appointment of the Additional Judges on completion of period of one year was likely to give rise to constitutional complications, particularly with reference to Balochistan and Khyber Pakhtunkhwa as per circumstances---Supreme Court, in order to avoid any constitutional void; and other complications, directed that let the Additional Judges of all the High Courts continue to perform their functions as Additional Judges till further orders subject to final decision of the case in the constitutional petitions before the Supreme Court. Wukala Mahaz v. Federation of Pakistan PLD 1998 SC 1263 ref. THIS ORDER PASSED BY: While we are seized of these Constitution Petitions, Chief Justices of the Provincial High Courts have intimated the dates when the Additional Judges appointed in the High Courts will complete period of one year tenure. They have requested that steps be taken so that they may continue performing their duties as Additional Judges. Details of the learned Additional Judges along with the date of completion of period of one year for which they were appointed under the old system of appointment of Judges are as follows: - HIGH COURT OF BALOCHISTAN [6…

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