Case Details

Citation(s)
2010 SLG 473 2010 SLD 473 2010 PLD 61
Supreme Court of Pakistan
hearing DATE : 15th to 17th, 21st to 25th, 28th to 31st May,2007, 1st, 4th to 8th, 11th to 14th, 18th to 21st, 25th to28-06-2007, 2nd to 5th, 9th to 12th and 16th to 20-07-2007
KHALIL-UR-REHMAN RAMDAY, MUHAMMAD NAWAZ ABBASI, FAQIR MUHAMMAD KHOKHAR, MIAN SHAKIRULLAH, JAN, JAVED BUTTAR, TASSADUQ HUSSAIN, JILLANI, SAIYED SAEED ASHHAD, NASIR-UL-MULK, RAJA FAYYAZ AHMED, CH. IJAZ AHMED, SYED, JAMSHED ALI, HAMID ALI MIRZA AND GHULAM RABBANI, JJ
Ch. Aitizaz Ahsan and Hamid Khan, Senior Advocates 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 this Court) (in C.P. No. 21 of 2007)). Makhdoom Ali Khan, Attorney General for Pakistan, Raja Abdul Ghafoor, Advocate-on-Record assisted by Khurram Hashmi and Umair Majeed Malik, Advocates (On Courts Notice) (under special permission granted by this Court (in C.P. No. 21 of 2007)). Syed Sharif-ud-Din Pirzada, Senior Advocate Supreme Court, Raja Muhammad Ibrahim Satti, Advocate Supreme Court assisted by Waqar Rana, Advocate No. 1 (under special permission granted by this Court (in C.P. No. 21 of 2007)). Maqbool Ellahi Malik, Senior Advocate Supreme Court, Malik Muhammad Qayyum, Advocate Supreme Court and Shaukat Ali Mehr, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record assisted by M. Ahmed Qayyum Advocate No. 2 (under special permission granted by this Court (in. C.P. No. 21 of 2007)) Syed Zafar Abbas Naqvi, Advocate Supreme Court No. 3 (in C.P. No. 21 of 2007). Nemo Nos. 4 and 5 (in C.P. No. 21 of 2007). Aftab Iqbal Chaudhry, A.G., Punjab, Ch. Muhammad Hussain, Addl. A.G. and Rao Muhammad Yousaf Khan, Advocate-on-Record No. 6 (in C.P. No. 21 of 2007). Petitioner in Person (in C.P. No. 7 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 1 (in C.P. No. 7 of 2007). Barrister Zafar Ullah Khan, Advocate Supreme Court and G.N. Gohar, Advocate-on-Record (in C.P. No. 8 of 2007). Makhdoom Ali Khan, Attorney General for Pakistan and Raja Abdul Ghafoor, Advocate-on-Record (on Courts Notice) (in C.P. No. 8 of 2007). Sahibzada Ahmed Raza Kasuri, Senior Advocate Supreme Court, Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (in C.P. No. 8 of 2007). Farooq Hassan, Abdul Rasheed Qureshi and Malik Shakeel-ur-Rehman, Advcoates Supreme Court (in C.P. No. 10 of 2007). Makhdoom Ali Khan, Attorney General for Pakistan and Raja Abdul Ghafoor, Advocate-on-Record (On Courts notice). Malik Muhammad Qayyum, Shaukat Ali Mehr, Abdul Sattar Chughtai, Abdul Hameed Rana, Advocates Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 1 (in C.P. No. 10 of 2007). Petitioner in person (in C.P. No. 1 of 2007). Nemo (in C.P. No. 1 of 2007). Petitioner in person (in C.P. No. 12 of 2007). Nemo (in C.P. No. 12 of 2007). Muhammad Akram Sheikh, Senior Advocate Supreme Court, Abdul Rehman Siddiqui, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record assisted by Mohsin Kamal and Azid Nafees, Advocates (under special permission granted by this Court (in C.P. No. 15 of 2007)). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 1 (in C.P. No. 15 of 2007)). Engineer Jamil Ahmed Malik (in person) (in C.P. No. 16 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 1 (in C.P. No. 16 of 2007).Muhammad Akram Sheikh, Senior Advocate Supreme Court, Arshad Ali Chaudhry, Advocate-on-Record assisted by Barrister Natalya Kamal and Ahmed Ahsan, Advocates (under special permission granted by this Court (in C.P. No. 18 of 2007)). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 1 (in C.P. No. 18 of 2007). Dr. Farooq Hassan, Senior Advocate Supreme Court, Malik Shakeel-ur-Rehman, Advocate Supreme Court and Ch. Arshad Ali, Advocate-on-Record (in C.P. No. 19 of 2007). Nemo (in C.P. No. 19 of 2007). Petitioner in person (in C.P. No. 22 of 2007). Malik Muhammad Qayyum, Pervaiz Alamgir, and Mian Ehsan-ul-Haq Sajid, Advocates Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 1 (in C.P. No. 22 of 2007). Hamid Khan, Senior Advocate Supreme Court, Mirza Aziz Akbar Baig, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.P. No. 23 of 2007). Malik Muhammad Qayyum, M. Siddique Mirza, Khalid Mahmood Farooqi, Shabbir Lali Advocates Supreme Court, and Ch. Akhtar Ali, Advocate-on-Record No. 2 (in C.P. No. 23 of 2007). Hamid Khan, Senior Advocate Supreme Court, Rasheed A. Rizvi, Shafqat Abbasi, Hafiz Abdul Rehman Ansari, Advocates Supreme Court and M.S. Khattak, Advocate-on-Record (in C.P. No. 24 of 2007). Ahmed Raza Kasuri, Senior Advocate Supreme Court, Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 2 (in C.P. No. 24 of 2007). Abdul Majeed Pirzada, Senior Advocate Supreme Court, Ms. Mehreen Anwar Raja, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.P. No. 25 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court, Ch. Naseer Ahmed, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 2 (in C.P. No. 25 of 2007). Muhammad Akram Sheikh, Senior Advocate Supreme Court, Arshad Ali Chaudhry, Advocate-on-Record assisted by Barrister M. Kamran Sheikh, Rahat Kaunian, Advocate (in C.P. No. 27 of 2007) (under special permission granted by this Court) Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 1 (in C.P. No. 27 of 2007). Syed Mansoor Ali Shah, Advocate Supreme Court, Yahya Arifdi, Athar Minallah, Advocates Supreme Court and M. S. Khattak, Advocate-on-Record for Appellants (in C.M. Appeal No. 22 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (in C.M. Appeal No. 22 of 2007).Appellant in Person (in C.M. Appeal No. 27 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 1 (in C.M. Appeal No. 27 of 2007). Arshad Ali Chaudhry, Advocate Supreme Court/Advocate-on-Record (in C.P. No. 30 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record No. 2 (in C.P. No. 30 of 2007). Rasheed A. Rizvi, Abrar Hassan, Advocates Supreme Court and M.S. Khattak, Advocate-on-Record (in C.P. No. 31 of 2007) Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (in C.P. No. 31 of 2007). Ahmed Awais, Advocate Supreme Court and M. S. Khattak, Advocate-on-Record (in C.P. No. 32 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (in C.P. No. 32 of 2007). Fakhar-ud-Din G. Ibrahim, Senior Advocate Supreme Court, Tariq Mahmood, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.P. No. 33 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali,.Advocate-on-Record (in C.P. No. 33 of 2007). Ch. Naseer Ahmed Bhutta, Advocate Supreme Court (in C.P. No. 34 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (in C.P. No. 34 of 2007). Arshad Ali Chaudhry, Advocate Supreme Court/Advocate-on-Record (in C.P. No. 35 of 2007). Malik Muhammad Qayyum, Advocate Supreme Court and Ch. Akhtar Ali; Advocate-on-Record (in C.P. No. 35 of 2007). Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in C.P. No. 38 of 2007). Nemo (in C.P. No. 38 of 2007). Habib-ul-Wahab-ul-Khairi, Advocate Supreme Court (in C.P. No. 40 of 2007). Nemo (in C.P. No. 40 of 2007).

CHIEF JUSTICE OF PAKISTAN IFTIKHAR MUHAMMAD CHAUDHRYVsPRESIDENT OF PAKISTAN through Secretary and others

Law: Constitution of Pakistan, 1973

Section: 9,184(3),199(5),209,209(5),209(7),211,24 8,248(1),270

Law: Validation of Laws Act, 1975

Section: Preamble

Important.--Minority views of Faqir Muhammad Khokhar, M. Javed Buttar and Saiyed Saeed Ashhad, JJ (R), having not been received, same could not be reported---Editor. Per Khalil-ur-Rehman Ramday, J; Muhammad Nawaz Abbasi, Mian Shakirullah Jan, Tassaduq Hussain Jillani, Nasir-ul-Mulk, Raja Fayyaz Ahmed, Syed Jamshed Ali, Hamid Ali Mirza and Ghulam Rabbani, JJ. Agreeing; Faqir Muhammad Khokhar, M. Javed Buttar and Saiyed Saeed Ashhad, JJ. Contra.--- (a) Constitution of Pakistan 1973)--- ----Arts. 209, 211 & 184(3)---Judges (Compulsory Leave) Order [27 of 1970], Preamble---Constitutional petition under Art.184(3) of the Constitution filed by the Chief Justice of Pakistan impugning amongst others, the validity of the direction (generally known as a "Reference ") made by the President under Art.209(5) of the Constitution calling upon Supreme Judicial Council to inquire into the allegations of misconduct committed by the Chief Justice of Pakistan; the composition of the Supreme Judicial Council and its competence to inquire into the conduct of the Chief Justice of Pakistan; validity of the order denuding the Chief Justice of Pakistan of the powers conferred on him by the Constitution and the vires of the manner in which the Supreme Judicial Council was proceeding with the same---Held, Constitutional petition was unanimously declared to be maintainable by the Supreme Court---Direction (Reference) issued by the President under Art.209(5) of the Constitution was set aside by a majority of 10 to 3---Judges (Compulsory Leave) Order, 1970 and consequent validity of the order passed by the President directing that Chief Justice of Pakistan shall be on leave was unanimously declared to have been passed without lawful authority---Orders of the. President and that of Supreme Judicial Council restraining the Chief Justice of Pakistan from acting as a Judge of the Supreme Court and/or Chief Justice of Pakistan were unanimously set aside as being illegal---However, since according to the minority view on the question of validity of the direction (the Reference) in question and that the said Reference had been competently filed by the President, therefore, Supreme…
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