Law:

Section:

(a) Constitution of Pakistan---Arts. 9, 14, 19, 187 & 184(3)---Supreme Court Rules, 1980, O.XXXII, Rr.1 & 2 read with O.XXXVI---Civil Procedure Code (V of 1908), Preamble---Constitutional petitions invoking original jurisdiction of Supreme Court, questioning therein the contents of a Memo. published in a newspaper "Financial Times" London, written by respondent on stated allegations and that question of public importance involving petitioners' fundamental rights under the Constitution had been made out as according to the version of respondent, Memo. was prepared/drafted for the purpose of delivering the same to the Chairman of U.S. Joint Chief of Staff through former U.S. National Security Advisor---Maintainability---Held, petitioners had succeeded in establishing that the issues involved were justiciable and question of public importance with regard to enforcement of fundamental rights, prima facie, under Articles 9, 14 and 19A of the Constitution, had been made out, thus, the petitions under Article 184(3) of the Constitution were maintainable---To delineate measures with a view to ensure enforcement of the said fundamental rights a probe was called for to ascertain the origin, authenticity and purpose of creating/drafting of Memo. for delivering it to Chairman of the U.S. Joint Chief of Staff through former U.S. National Security Advisor thus, in exercise of powers conferred upon the Supreme Court under Article 187 of the Constitution, Order XXXII, Rules 1 and 2 read with Order XXXVI of the Supreme Court Rules, 1980 coupled with the principles of Civil Procedure Code, a Commission was appointed, as the due process of law was the entitlement of all the stakeholders, therefore, to ensure probe into the matter in a transparent manner the Commission shall be comprising of (i) Mr. Justice Qazi Faez Isa, Chief Justice of Balochistan High Court (Chairman); Mr. Justice Iqbal Hameed-ur-Rehman, Chief Justice, Islamabad High Court (Member) and (iii) Mr. Justice Mushir Alam, Chief Justice, High Court of Sindh (Member) and Raja Jawwad Abbas Hassan, District & Sessions Judge, Islamabad, was appointed as Secretary to the Commission---Commission shall hold its…

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