Law: Constitution of Pakistan 1973

Section:

SUMMARY Brief answer: The three conflicting orders show a jurisdictional dispute whether post-arrest bail in a case under the Sindh Control of Narcotic Substances Act, 2024 (which by Section 35(1) ousts ordinary Cr.P.C. bail remedies) must be heard by a Constitutional Bench constituted under Article 202A(3) or by a Regular Bench exercising High Court jurisdiction under Article 199. The Regular Bench relied on Khan Asfandyar Wali (PLD 2001 SC 607) to say Article 199’s writ jurisdiction can protect fundamental rights despite statutory ouster and therefore treated the bail claim as a constitutional right to be heard by a Constitutional Bench; the Constitutional Bench, however, held that post-arrest bail applications are ordinarily heard by Regular Benches that deal with bail and directed refixation before such a bench.[dawn] Legal points (two sentences): Section 35(1) Sindh Control of Narcotic Substances Act, 2024 removes the trial-court power under Sections 496–497 Cr.P.C., forcing litigants to invoke Article 199 for enforcement of fundamental rights, but after the 26th Amendment Article 202A(3) limits which High Court benches may exercise Article 199(1)(a)(i) and 199(1)(c) jurisdiction — creating tension over whether only Constitutional Benches (per Article 202A roster) can decide such fundamental-rights bail matters or whether Regular Benches retain authority to hear bail-type reliefs under Article 199; recent SHC orders reflect both positions and that conflict is the reason the matter was referred to the Acting Chief Justice for constitution/clarification.[pas.gov] O R D E R Muhammad Junaid Ghaffar, ACJ : --  This Larger Bench has been constituted pursuant to three different orders dated 26.03.2025 and 15.04.2025 by a Regular Bench of this Court vis-à-vis order dated 03.04.2025 passed by a Constitutional Bench of this Court. Both the benches have differed on the issue as to which bench has to hear this petition. These three orders read as under: - 26th March, 2025. (By Regular Bench[1]) M/s. Manzar Bashir Memon & Habibullah Masood, Advocates for the petitioner. Mr. Abrar Ali Khichi, Addl. Prosecutor General, Sindh. Mr. Hakim…