| Citation(s) |
|---|
| 1998 SLG 1002 1998 SLD 1002 1998 PLD 33 |
Supreme Court of Pakistan
Constitutional Petitions Nos.248-Q of 1997, 1-P of 1997 andCivil Miscellaneous Application No.992 of 1997 inConstitutional Petition No. 140-Q and ConstitutionalPetition No.55 of 1997, decision dated: 23rd December, 1997.
SAIDUZZAMAN SIDDIQUI, FAZAL RAHI KHAN, IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN, NASIR ASLAM ZAHID, MUNAWAR AHMAD MIRZA, KHALIL-UR-REHMAN KHAN, SH. IJAZ NISAR, ABDUR REHMAN KHAN AND SH. RIAZ AHMAD, JJ
Raja M.Afsar, Advocate-on-Record for Applicant (in C.M.A.No. 992 of 1997 in C. P. No. 140-Q of 1996).Ch. Akhtar Ali, Advocate-on-Record for the Federal Government.Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court. Amicus curiae Raja Haq Nawa
Constitutional Petitions Nos.248-Q of 1997, 1-P of 1997 andCivil Miscellaneous Application No.992 of 1997 inConstitutional Petition No. 140-Q and ConstitutionalPetition No.55 of 1997, decision dated: 23rd December, 1997.
SAIDUZZAMAN SIDDIQUI, FAZAL RAHI KHAN, IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN, NASIR ASLAM ZAHID, MUNAWAR AHMAD MIRZA, KHALIL-UR-REHMAN KHAN, SH. IJAZ NISAR, ABDUR REHMAN KHAN AND SH. RIAZ AHMAD, JJ
Raja M.Afsar, Advocate-on-Record for Applicant (in C.M.A.No. 992 of 1997 in C. P. No. 140-Q of 1996).Ch. Akhtar Ali, Advocate-on-Record for the Federal Government.Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court. Amicus curiae Raja Haq Nawa
Malik ASAD ALI and othersvsFEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)------Arts. 184(3), 177, 180, 9 & 25---Appointment of Chief Justice o1 Pakistan---Validity---Constitutional petition under Art. 184(3) o1 Constitution of Pakistan---Maintainability and locus standi to file such petition--Appointment of Judges of Supreme Court---Constitutional process---Any deviation from the method prescribed under the Constitution for appointment to the high office of Chief Justice of Pakistan, would give rise to the infringement of the right of a citizen to have free, fair and equal access to an independent and impartial Court/Tribunal, thus violating the rights guaranteed under Arts. 9 & 25 of the Constitution---Petitioners who were not only the citizens of Pakistan but practising advocates and one of them being Chairman of Civil Liberties, Union of Pakistan, had necessary locus standi to file constitutional petition under Art. 184(3) of the Constitution---Such petitions were also maintainable, for, the petitioners had alleged violation of their fundamental rights to have free and equal access to the independent and impartial Court/Tribunal on account of appointment of Chief Justice of Pakistan, in violation of the provisions of the Constitution and, therefore, petitions were maintainable. Right of access to impartial and independent Courts/Tribunals is a fundamental right of every citizen. The exercise of this right is dependent on the independence of judiciary which can be secured only through appointment of persons of high integrity, repute and competence, strictly in accordance with the procedure prescribed under the Constitution to the high office of the Judges of Superior Courts. The selection of a person to the high office of the Chief Justice of Pakistan is a pivotal appointment for maintaining the independence of judiciary and for providing a free and unobstructed access to impartial and independent Courts/Tribunals to the ordinary citizens. Therefore, any deviation from the method prescribed under the Constitution for appointment to the high office of Chief Justice of Pakistan, would give rise to the infringement of the right of a citizen to have free, fair and equal access to an…
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