| Citation(s) |
|---|
| 2008 SLG 1937 2008 SLD 1937 2008 PLD 30 |
Supreme Court of Pakistan
Constitutional Petitions Nos. 59, 58, 61, 62, 63 and 68 of 2007, decision dated: 28-09-2007
RANA BHAGWANDAS, JAVED IQBAL, ABDUL HAMEED DOGAR, SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASIFAQIR MUHAMMAD KHOKHAR, FALAK SHER, MIAN SHAKIRULLAH, JAN, AND M. JAVED BUTTAR, JJ
M. Akram Sheikh, Senior Advocate Supreme Court and M. A. Zaidi, Advocate-on-Record (in C.P. No. 59 of 2007). Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court, Ahmad Raza Khan Qasuri, Senior Advocate Supreme Court, Muhammad Ibrahim Satti, Advocat
Constitutional Petitions Nos. 59, 58, 61, 62, 63 and 68 of 2007, decision dated: 28-09-2007
RANA BHAGWANDAS, JAVED IQBAL, ABDUL HAMEED DOGAR, SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD NAWAZ ABBASIFAQIR MUHAMMAD KHOKHAR, FALAK SHER, MIAN SHAKIRULLAH, JAN, AND M. JAVED BUTTAR, JJ
M. Akram Sheikh, Senior Advocate Supreme Court and M. A. Zaidi, Advocate-on-Record (in C.P. No. 59 of 2007). Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court, Ahmad Raza Khan Qasuri, Senior Advocate Supreme Court, Muhammad Ibrahim Satti, Advocat
JAMAT-EISLAMI through AMIR and others
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan (1973)---Art. 184(3)---Invocation of original jurisdiction of Supreme Court under Art.184(3) of the Constitution---Object, scope and essential conditions. There are two essential conditions for invoking the jurisdiction of Supreme Court of Pakistan under Article 184(3) of the Constitution. The first condition is that subject matter of the petition under this Article must be of public importance and second condition is that it must relate to the enforcement of any of the fundamental rights conferred by Part-II Chapter-1 of the Constitution. Original jurisdiction of Supreme Court under Article 184 (3) of the Constitution cannot be exercised in a matter brought before it unless it is of public importance involving the enforcement of fundamental rights conferred by Part-II Chapter 1 of the Constitution (Articles 8 to 28) and in absence of any of the above conditions, Supreme Court is not supposed to entertain a petition under Article 184 (3) of the Constitution. The object of Article 184(3) of the Constitution is the enforcement of the fundamental rights referred therein and no question, other than relating to the enforcement of a fundamental right, can be brought before Supreme Court for determination in its original jurisdiction and an aggrieved person may avail other remedies open to him under the law. Supreme Court will not entertain a petition under Article 184(3) if infringement of any of the fundamental rights conferred by Part II Chapter 1 of the Constitution is not involved as the remedy under this Article is only for the enforcement of fundamental rights. The validity of any law or a provision of Statue if is challenged on the ground other than being in contravention of fundamental rights, the Supreme Court would not entertain such challenge in the proceedings under Article 184(3) of the Constitution, even if the law is found, in contravention of some provisions of the Constitution. The rule is that Supreme Court will not interfere under this Article unless it is satisfied that infringement of the right being complained is the fundamental right and there is a breach of such right. The constitutional jurisdiction of the Supreme…
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