| Citation(s) |
|---|
| 1998 SLG 748 1998 SLD 748 1998 SCMR 1494 |
Supreme Court of Pakistan
Constitutional Petition No. 5 of 1998, decision dated: 30-04-1998
NASIR ASLANT ZAHID, MUNAWAR AHMAD MIRZA AND ABDUR REHMAN KHAN, JJ
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Constitutional Petition No. 5 of 1998, decision dated: 30-04-1998
NASIR ASLANT ZAHID, MUNAWAR AHMAD MIRZA AND ABDUR REHMAN KHAN, JJ
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Syed IQBAL HAIDER
VS
FEDERATION OF PAKISTAN and another
Law:
Section:
(a) Constitution of Pakistan (1973)--Arts. 179 & 184(3)---Constitutional petition before Supreme Court under Art. 184(3) of the Constitution---Retiring age of a Supreme Court Judge---Point raised in the petition was about the date of birth of respondent (Chief Justice of Pakistan) contending that respondent was born in the year 1932 and not 1934 and, thus, could not continue in his office after attaining the age of 65 years--Held, matter in issue was not such which required xo be placed before the Full Court for hearing---Interpretation of Art.179 or any other provision of the Constitution was not required. (b) Age ----Correction of date of birth---Contention that date of birth could not be corrected merely on the basis of an affidavit was misconceived. ---[Affidavit]. (c) Civil service--- ---- Age of employee---Application of employee for change in his date of birth--Government employee under the relevant Rules cannot make any application for change in his date of birth after two years of his joining the service--Authenticity of date of birth recorded in the documents, therefore, cannot be challenged belatedly specially beyond the period of two years---Supreme Court desired that such Rule with regard to correction of age should also be applied to judiciary. ---[Age]. Petitioner in person. Nemo for Respondents. Ch. Muhammad Farooq, Attorney-General for Pakistan and M.A. Latif,' Registrar, Supreme Court of Pakistan on Court Notice. Date of hearing: 30th April, 1998. JUDGMENT NASIR ASLAM ZAHID, J.---We have heard the petitioner, Syed Iqbal Haider, who has appeared in person. We have also heard learned Attorney General for Pakistan, who has appeared in pursuance of Court Order dated 27-4-1998. The Registrar has produced the official record regarding the age of respondent No.2 (Mr. Justice Ajmal Mian), which has been perused by the Court and then returned to the Registrar. The Registrar has also produced attested copies of several documents under cover of a letter of Kamran A. Mian son of respondent No.2, who has come from Karachi and is also present, Original record attested copies whereof have been placed on record is available with the Registrar having…
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