Case Details

Citation(s)
1988 SLG 1202 1988 SLD 1202 1988 SCMR 173
Supreme Court of Pakistan
Civil Miscellaneous Application No. 2-P of 1997 in Constitutional Petition No. l-P of 1997, decision dated: 28-11-1997
SAIDUZZAMAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ

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AKHUNZADA BEHRAWAR SAEED, ADVOCATE

VS

Mr. Justice SAJJAD ALI SHAH, CHIEF JUSTICE OF PAKISTAN and 2 others

Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 190---Act in aid of Supreme Court---Non-compliance of order of Supreme Court passed by Circuit Bench for holding a Full Court Session of the Supreme Court at Principal Seat for hearing Constitutional petitions filed under Art.184(3) of the Constitution of Pakistan---Conflicting orders passed by the Benches of Supreme Court functioning at the Principal Seat and at another circuit creating a very tense and alarming situation which was threatening the very existence of the institution---In order to save the situation from taking a disasterous turn, Supreme Court called upon all the State functionaries to fulfil their Constitutional obligations and act in aid of Supreme Court in accordance with the provisions of Art.190 of the Constitution of Pakistan to ensure that the order passed by Supreme Court was complied with in letter and spirit and necessary arrangements were made for holding of the Full Court Session at the Principal Seat of the Court, for hearing of Constitutional petitions in question and all other similar Constitutional matters. (b) Constitution of Pakistan (1973)--- ----Art. 177---Appointment of Chief Justice of Pakistan---Validity---Constitution of Full Court by Senior Puisne Judge of the Court---Chief Justices, as a consequence of the order passed by the Supreme Court Bench, being not in a position to discharge his judicial or administrative functions, said Bench of the Supreme Court sought direction from the Senior Puisne Judge of the Court to be issued to the Registrar of the Court that he should place all relevant cases for consideration before the Senior Puisne Judge and obtain orders from him accordingly---Senior Puisne Judge declined to preside over the Full Court and expressed his inability to constitute a Full Court and observed "As I believe in the maxim "Nemo debet esse judex in propria sua causa (i.e. no man can be Judge in his own cause) and since I am the Senior most Judge, I would not like to sit on the Bench . which may hear the petitions relating to the appointment of the Hon'ble Chief Justice including the above petition and, therefore, I would not like to pass any administrative order in…
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