| Citation(s) |
|---|
| 1998 SLG 1174 1998 SLD 1174 1998 SCMR 15 |
Supreme Court of Pakistan
Constitutional Petition No.248-Q of 1997, decision dated: 28-11-1997
IRSHAD HASAN KHAN, NASIR ASLAM ZAHID AND KHALIL-UR-REHMAN KHAN, JJ
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Constitutional Petition No.248-Q of 1997, decision dated: 28-11-1997
IRSHAD HASAN KHAN, NASIR ASLAM ZAHID AND KHALIL-UR-REHMAN KHAN, JJ
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Malik ASAD ALI
VS
FEDERATION OF PAKISTAN through Secretary Law, Justice and Parliamentary Affairs, Government of Pakistan, , Islamabad and 2 others
Law:
Section:
(a) Constitution of Pakistan (1973)--Art. 184(3)---Supreme Court Rules, 1980, O.XXV---Constitutional petition under Art.184(3) of the Constitution of Pakistan, before Supreme Court--Cognizance by Supreme Court---Administrative orders of the Chief Justice of the Supreme Court or the procedure laid down in the Supreme Court Rules cannot curtail or limit the jurisdiction conferred on a Judge/Bench of the Supreme Court by Constitution and law and a Bench taking cognizance of a petition can exercise such jurisdiction throughout Pakistan at any Registry. Syed Ahmed Rizvi v. The State PLD- 1995 SC 500 and Constitutional Petition No. l-P of 1997 (1997 SCMR 115) ref. (b) Constitution of Pakistan (1973)--- ----Art. 184(3)---Supreme Court Rules, 1980, O.XXV---Constitutional petition under Art.184(3) of the Constitution before Supreme Court---Jurisdiction of Supreme Court---Provisions of O.XXV, Supreme Court Rules, 1980 framed under Art.191 of the Constitution being regulatory in nature do not affect the jurisdiction of the Supreme Court which .is conferred under Art.18=4(3) of the Constitution. Constitutional Petition No. l-P of 1997 (1997 SCMR 115) ref. (c) Constitution of Pakistan (1973)--- ----Arts. 184(3) & 177---Supreme Court Rules, 1980, O.XXV---Constitutional petition under Art.184(3) of the Constitution before Supreme Court--Cognizance by Supreme Court---Supreme Court Bench consisting of two Judges sitting at a Branch Registry took cognizance of a Constitutional petition filed under Art.184(3) of the Constitution of Pakistan whereby the petition was admitted to regular hearing to examine the contentions of paramount public . importance raised in the petition with notice to the respondents and Attorney-General for Pakistan as contemplated under O.XXVIIA, R.1, C.P.C.--Operation of Notification dated 5th June, 1,994 issued by President of Pakistan in pursuance of Art. 177 of the Constitution of Pakistan, appointing Chief Justice of Pakistan, was ordered by said Supreme Court Bench (consisting of two Judges) to be held in abeyance, subject to notice for a specified date with direction that Chief Justice of Pakistan shall cease to perform judicial and…
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