Case Details

Citation(s)
1998 SLG 1416 1998 SLD 1416 1998 SCMR 763
Supreme Court of Pakistan
Civil Petitions Nos. 18 to 20 of 1996, decision dated: 14-04-1996
SAJJAD ALI SHAH, C.J. AND MUHAMMAD BASHIR, JAHANGIRI, J

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Mian MUHAMMAD SHAHBAZ SHARIF

VS

THE STATE

Law:

Section:

(a) Constitution of Pakistan (1973)--Art 184(3)---Constitutional petition under Art.184(3)Constitution of Pakistan---Maintainability---Adequate statutory, remedies available---Invocation of extraordinary Constitutional jurisdiction of Supreme Court ---Permissibility--­When remedies and forums were available under the ordinary law, then those forums were to be exhausted in the normal course and resort should not be made to extraordinary jurisdiction of Supreme Court under which direct -Constitutional petitions could be filed. (b) Offences in Respect of Banks (Special Courts) Ordinance (IX of 1984)--- ----S. 10(2)---Constitution of Pakistan (1973), Art.184(3)---Constitutional petition under Art.184(3) of the Constitution---Accused was being tried for Offences in Respect of Banks (Special Courts) Ordinance, 1984 under S.10(2) whereby bail plea was to be heard by a Bench of two or more Judges in the High Court---Supreme Court directed Acting Chief Justice of High Court to constitute a proper Bench and to dispose of bail application within a period of three days. Ch. Muhammad Farooq, Advocate Supreme Court for Petitioner, Raja M. Bashir, Deputy Attorney-General for the State. Date of hearing: 14th April, 1996. ORDER SAJJAD ALI SHAH, C.J.---These three Constitutional petitions have directly been filed under Article 184(3) of the Constitution in which the prayer is for grant of bail on the ground that the bail applications are pending in the Lahore High Court and final orders have not been passed in view of the judgment of this Court on the subject of appointment of Judges in consequence whereof the two Judges on the Bench have become affected Judges arid are unable to participate in the proceedings any more. 2. We issued notice to the learned Attorney-General for Pakistan to assist the Court on the question of maintainability of these petitions, and in response Raja M. Bashir, learned Deputy Attorney-General, has appeared and taken the stand that these petitions directly filed are not maintainable. We are of the considered view that when…
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