P L D 2011 Supreme Court 671 (PLP)
SINDH HIGH COURT BAR ASSOCIATION through Secretary and another — Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad and others — Respondents
| Citation | P L D 2011 Supreme Court 671 (PLP) |
| Forum / Court | High Court |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Javed Iqbal, Sardar Muhammad Raza Khan, Khalil-ur-Rehman Ramday, Mian Shakirullah Jan, Tassaduq Hussain Jillani, Nasir-ul-Mulk, Raja Fayyaz Ahmed, Ch. Ijaz Ahmed, Ghulam Rabbani, Sarmad Jalal Osmany, Muhammad Sair Ali, Mahmood Akhtar Shahid Siddiqui and |
| Parties | SINDH HIGH COURT BAR ASSOCIATION through Secretary and another — Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad and others — Respondents |
| Primary Law | (b) Administration of justice, (a) Constitution of Pakistan |
Q1: What are the key laws and sections cited in P L D 2011 Supreme Court 671 (PLP)?
This judgment primarily cites: (b) Administration of justice, (a) Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2011 Supreme Court 671 (PLP)?
The case was heard and decided by the High Court bench comprising: Iftikhar Muhammad Chaudhry, C.J., Javed Iqbal, Sardar Muhammad Raza Khan, Khalil-ur-Rehman Ramday, Mian Shakirullah Jan, Tassaduq Hussain Jillani, Nasir-ul-Mulk, Raja Fayyaz Ahmed, Ch. Ijaz Ahmed, Ghulam Rabbani, Sarmad Jalal Osmany, Muhammad Sair Ali, Mahmood Akhtar Shahid Siddiqui and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2011 Supreme Court 671 (PLP) (SINDH HIGH COURT BAR ASSOCIATION through Secretary and another — Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rashid A. Rizvi, Advocate Supreme Court for Petitioner (in C.P. No.9 of 2009).
- Muhammad Akram Sheikh, Advocate Supreme Court and Muhammad Ahmed Zaidi, Advocate on Record (absent) for Petitioner C.P.No.8 of 2009).
- Hamid Khan, Senior Advocate Supreme Court for Appellant (in C.M.A. No.2199 of 2009).
- Sardar Muhammad Latif Khan Khosa, Attorney General for Pakistan, Ch. Akhtar Ali, Advocate-on-Record and Dil Muhammad Alizi, Dy. A.-G. for Respondent No.1 (in C.P.No.9 of 2009).
- Shah Khawar, Deputy Attorney General and Ch. Akhtar Ali, Advocate on Record for Respondent (in C.P. No.8 of 2009).
- Mr. Hamid Khan, learned Senior Advocate Supreme Court, advanced his arguments and made repeated references to the factual background of the pre and post 3rd November 2007 events. He also submitted that the learned counsel appearing for General (Rtd.) Pervez Musharraf, respondent in Constitution Petition No. 73 of 2007 apprehended, particularly after 5-10-2007, that the judgment in the case was not likely to be announced in his favour, therefore, they tried to prolong the hearing of the case on one or the other reason. In view of the contentions being raised by Mr. Hamid Khan, we inquired from him, whether it would not be fair and proper to issue notice of the instant proceedings to General (Rtd.) Pervez Musharraf? The learned counsel stated that as the Federation of Pakistan was a party in Constitution Petitions Nos.8 and 9 of 2009 and was being represented by the learned Attorney General for Pakistan, there was no need to issue the aforesaid notice. At this, the learned Attorney General made a categorical statement at the bar that he was neither representing General (Rtd.) Pervez Musharraf nor had he received any such instruction from the Government. He further stated that the party in power (Pakistan Peoples Party) had all along been opposing dictatorial/repressive regimes and anti-people forces getting into the corridors of power through backdoor channels, therefore, the present democratic government led by their Party would not justify/support the action of 3rd November 2007. The Court rose for a short interval and when the hearing resumed, Mr.Hamid Khan, learned Senior Advocate Supreme Court stated that in the case of Asma Jillani v. Government of the Punjab (PLD 1972 SC 139), no notice was issued to General (Retd.) Agha Muhammad Yahya Khan, who was declared usurper in the said case, therefore, according to him, there was no need of issuing any notice to General (Rtd.) Pervez Musharraf. His attention was also drawn to the cases of Malik Feroze Khan Noon v. State (PLD 1958 SC 333), Fauji Foundation v. Shamim-ur-Rehman (PLD 1983 SC 457) and Amanullah Khan v. Federal Government of Pakistan (PLD 1990 SC 1092).
Headnotes / Summary
Art. 184(3)
Supreme Court Rules, 1980, O.XXV, R.9
Constitutional petition under Art.184(3) of the Constitution assailing Proclamation of Emergency dated 3-11-2007 by the then President of Pakistan
Natural justice, principles of
Scope
Where there was likelihood of any adverse decision/action against anyone (General (Rtd.) Parvez Musharraf in the present case), principles of natural justice was to be followed and person concerned was to be provided an opportunity of being heard
Courts would invariably issue notice even in cases where the concerned statute/law was silent in that regard
Where proceedings in the matter were going on for the last 2 or 3 days before the Supreme Court and were being widely publicized in the print and electronic media, anyone interested therein or concerned with the subject of proceedings had an ample notice/knowledge and was at liberty to appear before the court, for or against the subject matter of the proceedings; but on such plane, though a valid one, the requirement of the principles of maxim: audi alteram partem, would not be fulfilled
Supreme Court, therefore, directed the office to issue notice of present proceedings to General (Rtd.) Parvez Musharraf at his residential address in Islamabad, leaving to him to appear before the Supreme Court or otherwise.
Scope.
Judgment & Decree
Mr. Hamid Khan, learned Senior Advocate Supreme Court, advanced his arguments and made repeated references to the factual background of the pre and post 3rd November 2007 events. He also submitted that the learned counsel appearing for General (Rtd.) Pervez Musharraf, respondent in Constitution Petition No. 73 of 2007 apprehended, particularly after 5-10-2007, that the judgment in the case was not likely to be announced in his favour, therefore, they tried to prolong the hearing of the case on one or the other reason. In view of the contentions being raised by Mr. Hamid Khan, we inquired from him, whether it would not be fair and proper to issue notice of the instant proceedings to General (Rtd.) Pervez Musharraf? The learned counsel stated that as the Federation of Pakistan was a party in Constitution Petitions Nos.8 and 9 of 2009 and was being represented by the learned Attorney General for Pakistan, there was no need to issue the aforesaid notice. At this, the learned Attorney General made a categorical statement at the bar that he was neither representing General (Rtd.) Pervez Musharraf nor had he received any such instruction from the Government. He further stated that the party in power (Pakistan Peoples Party) had all along been opposing dictatorial/repressive regimes and anti-people forces getting into the corridors of power through backdoor channels, therefore, the present democratic government led by their Party would not justify/support the action of 3rd November 2007. The Court rose for a short interval and when the hearing resumed, Mr.Hamid Khan, learned Senior Advocate Supreme Court stated that in the case of Asma Jillani v. Government of the Punjab (PLD 1972 SC 139), no notice was issued to General (Retd.) Agha Muhammad Yahya Khan, who was declared usurper in the said case, therefore, according to him, there was no need of issuing any notice to General (Rtd.) Pervez Musharraf. His attention was also drawn to the cases of Malik Feroze Khan Noon v. State (PLD 1958 SC 333), Fauji Foundation v. Shamim-ur-Rehman (PLD 1983 SC 457) and Amanullah Khan v. Federal Government of Pakistan (PLD 1990 SC 1092).
2. We have given our anxious consideration to the above aspect of the case. It is a cardinal principle of natural justice of universal application that no one should be condemned unheard. Not only this Court, but the courts in other countries having a regular system of administration of justice would, in almost every case, where there was likelihood of any adverse decision/action against anyone, follow the above principle and provide the person concerned an opportunity of being heard. The Courts would invariably issue notice even in cases where the concerned statute/law was silent in this regard. As far as the cases of Malik Feroze Khan Noon, Fauji Foundation and Amanullah Khan (supra) were concerned, the superior courts stayed their hands off and did not allow the benefit to the opponents of the observations made against a person who was not a party to the proceedings before the Court in those cases. No doubt, in Asma Jillani (supra), notice was not issued, but the fact remained that the respondent- government in that case had not made any categorical statement not to defend the actions of General (Retd.) Agha Muhammad Yahya Khan, as is the position in the present case. The instant proceedings are going on for the last 2-3 days and are being widely publicized in the print and electronic media, anyone interested therein or concerned with the promulgation of the Proclamation of Emergency and other measures of 3rd November 2007 has an ample notice/knowledge and is at liberty to appear before the Court, for or against the said action. But, on such plane, though a valid one, the requirement of the principle of audi alteram partem would not be fulfilled. Therefore, in terms of Rule 9 of Order XXV of the Supreme Court Rules, 1980, let a notice of the instant proceedings be issued to General (Rtd.) Pervez Musharraf at his residential address in Islamabad, leaving to him to appear before the Court or otherwise.
3. Hearing of the case is postponed to 29-7-2009. M.A.K./S-16/SC Order accordingly.