| Citation(s) |
|---|
| 2007 SLG 1631 2007 SLD 1631 2007 PLD 578 |
Supreme Court of Pakistan
Constitutional Petition No. 21 of 2007, decision dated: 20-07-2007
KHALIL-UR-REHMAN RAMDAY, MUHAMMAD NAWAZ ABBASI, FAQIR MUHAMMAD KHOKHAR, MIAN SHAKIRULLAH, JAN, M. JAVED BUTTAR, TASSADUQ HUSSAIN, JILLANI, SAIYED SAEED ASHHAD, NASIR-UL-MULK, RAJA FAYYAZ AHMAD, CH. IJAZ AHMED, SYED, JAMSHED ALI, HAMID ALI MIRZA AND GHULAM
Ch. Aitzaz Ahsan, Senior Advocate Supreme Court, Hamid Khan, Senior Advocate Supreme Court, M.S. Khattak, Advocate-on-Record assisted by Barrister Gohar Ali Khan, Nadeem Ahmed and Shahid Saeed, Advocates (under special permission granted by Supreme Court)
Constitutional Petition No. 21 of 2007, decision dated: 20-07-2007
KHALIL-UR-REHMAN RAMDAY, MUHAMMAD NAWAZ ABBASI, FAQIR MUHAMMAD KHOKHAR, MIAN SHAKIRULLAH, JAN, M. JAVED BUTTAR, TASSADUQ HUSSAIN, JILLANI, SAIYED SAEED ASHHAD, NASIR-UL-MULK, RAJA FAYYAZ AHMAD, CH. IJAZ AHMED, SYED, JAMSHED ALI, HAMID ALI MIRZA AND GHULAM
Ch. Aitzaz Ahsan, Senior Advocate Supreme Court, Hamid Khan, Senior Advocate Supreme Court, M.S. Khattak, Advocate-on-Record assisted by Barrister Gohar Ali Khan, Nadeem Ahmed and Shahid Saeed, Advocates (under special permission granted by Supreme Court)
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CHIEF JUSTICE OF PAKISTAN-
VS
THE PRESIDENT OF PAKISTAN dents through the Secretary and others
Law:
Section:
Constitution of Pakistan (1973)--- ----Arts. 209(5), 184(3) & 187---Judges (Compulsory Leave) Order [President's Order 27 of 19701, Preamble---Constitutional petition under Art.184(3) of the Constitution before Supreme Court---Vires of Judges (Compulsory Leave) Order, 1970---Reference under. Art.209(5) of the Constitution by the President of Pakistan dated 9-3-2007 against Chief Justice of Pakistan and order of the Supreme Judicial Council restraining the Chief Justice of Pakistan from acting as a Judge of the Supreme Court and/or Chief Justice of Pakistan and order dated 15-3-2007 passed by the President directing that the Chief Justice of Pakistan should be on leave and appointment of Acting Chief Justices of Pakistan (9-3-2007 and 22-3-2007)---Validity---Supreme Court, unanimously declared the petition under Art.184(3) of the Constitution to be maintainable, and by majority of 10 to 3 (Faqir Muhammad Khokhar, J, M. Javed Buttar, J and Saiyed Saeed Ashhad, J dissenting) set aside the Reference/direction by the President dated 9-3-2007---Judges (Compulsory Leave) Order, 1970 was unanimously declared as ultra vires of the Constitution and consequently the order of the President dated 15-3-2007 directing that Chief Justice of Pakistan shall be on leave was also unanimously declared to have been passed without lawful authority---Such invalidity, however, shall not affect the ordinary working of the Supreme Court or its discharging of any other Constitutional order/or legal obligations by the Acting Chief Justices of Pakistan during the period in question---Present declaration by the Supreme Court was so made by applying the de facto doctrine---Order of the President dated 9-3-2007 and order of the Supreme Judicial Council of the same date restraining the Chief Justice of Pakistan from acting as a Judge of the Supreme Court and/or the Chief Justice of Pakistan were also unanimously set aside as being illegal---However, since according to minority view on the question of validity of the direction (the Reference), in question, the said Reference had been competently filed by the President, therefore, the Supreme Court could pass a restraining order under Art.…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492