Case Details

Citation(s)
1994 SLG 802 1994 SLD 802 1994 SCMR 1341
Supreme Court of Pakistan
Human Rights Case No. 14 of 1993, decision dated: 28-02-1994
SAAD SAOOD, JAN, ACTG. CJ, ABDUL QADEER CHAUDHRY AND SAEEDUZZAMAN SIDDIQUI, JJ

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STATE LIFE INSURANCE EMPLOYEES FEDERATION OF PAKISTAN, KARACHI

FEDERAL GOVERNMENT OF PAKISTAN through, Secretary Commerce, Islamabad and others

Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 184 (3), 4, 15, 18, 24, 25 & 27---Constitutional petition under Art.184(3) of the Constitution of Pakistan was admitted to regular hearing to examine whether the decision of Federal Cabinet to reinstate in service 208 employees of State Life Insurance Corporation of Pakistan, dismissed in the year 1990 by the then Caretaker Cabinet, violated any of the fundamental rights of the employees of the Corporation guaranteed under the Constitution. (b) Constitution of Pakistan (1973)--- ----Art. 184 (3)---Exercise of jurisdiction under Art. 184(3) of the Constitution of Supreme Court---Essentials. The exercise of jurisdiction by Supreme Court under Article 184(3) of the Constitution is circumscribed by the existence of a question of public importance and enforcement of any of the fundamental rights conferred by Chapter I, Part II of the Constitution. It is, therefore, quite clear that two essential jurisdictional ingredients must be present in a case before it is taken up by Supreme Court in exercise of its jurisdiction under Article 184(3) of the Constitution. Firstly, the case must involve decision on an issue in which the public-at-large is interested and, secondly; the case also relates to the enforcement/violation of any of the fundamental rights mentioned in Chapter 1, Part 11 of the Constitution, namely Articles 8 to 28. (c) Constitution of Pakistan (1973)--- ----Arts. 184(3), 4 & 5---Articles 4 & 5 of the Constitution which do not fall in Chap. 1, Part II of the Constitution, violation thereof cannot attract the jurisdiction of Supreme Court under Art. 184(3) of the Constitution. (d) Constitution of Pakistan (1973)--- ----Art. 184(3)---Constitutional petition to Supreme Court ---Maintainability--­Where the petitioners failed to establish that any of the fundamental right under Chap. I of Part 11 of the Constitution had been violated by the impugned order of the Federal Government, jurisdiction of Supreme Court under Art. 184(3) of the Constitution of Pakistan was not attracted. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.---The above petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan…
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