| Citation(s) |
|---|
| 1998 SLG 1422 1998 SLD 1422 1998 SCMR 793 |
Supreme Court of Pakistan
Constitutional Petitions Nos. 10, 13, 16 of 1996; 11, 12 and 17 of 1997, decision dated: 23rd February, 1998
SAIDUZZAMAN SIDDIQUI AND MUNAWAR AHMAD MIRZA, JJ
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Constitutional Petitions Nos. 10, 13, 16 of 1996; 11, 12 and 17 of 1997, decision dated: 23rd February, 1998
SAIDUZZAMAN SIDDIQUI AND MUNAWAR AHMAD MIRZA, JJ
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Syed ZULFIQAR MEHDI and others
VS
PAKISTAN INTERNATIONAL AIRLINES CORPORATION through M.D., Karachi and others
Law:
Section:
Constitution of Pakistan (1973)--Arts. 184(3)---Petition under Art. 184(3) of the Constitution of Pakistan (1973), before Supreme Court---Jurisdictional requirements for entertainment of such petition---Question of "public importance"---Connotation---Issue arising in a case, cannot be considered as a question of public importance; if the decision of the issues affects only the rights of an individual or a group of individuals--Issue in question, in order to assume the character of "public importance", must be such that its decision affects the rights and liberties of people at large--Objective "public" necessarily implies a thing belonging to people at large, the nation, the State or a community as a whole---If a controversy is raised in which only a particular group of people is interested and the body of the people as a whole or the entire community has no interest, same cannot be treated as a case of "public importance"---Controversy that the petitioners (employees) who were dismissed by a Statutory Corporation were not allowed back benefits on reemployment in the service of said Corporation could not be treated as an issue of "public importance" as the decision on the said issue was of no significance to the people at large or to the whole community---Allegation of discrimination made by the petitioners having been denied by the employer Corporation, the issue of discrimination both on legal as well as factual planes required enquiry into the factual aspects which could not be taken up by Supreme Court in the proceedings under Art. 184(3) of the Constitution ---Petition under Art. 184(3) of the Constitution was not maintainable in circumstances. In order to confer jurisdiction on Supreme Court to entertain a petition under Article 184(3) of the Constitution, it is necessary that two jurisdictional requirements must be established. Firstly, that the question raised in the petition is a question of public importance and secondly, it relates to the enforcement of a fundamental right guaranteed under Chapter 1, Part II of the Constitution. What is meant by a question of public importance. The term "public" is invariably employed in contradistinction to the…
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