2013 PLP 336 (SCMR)
NADEEM AHMED — Petitioner Versus FEDERATION OF PAKISTAN — Respondent
| Citation | 2013 PLP 336 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khilji Arif Hussain, Tariq Parvez, Ejaz Afzal Khan, Gulzar Ahmed and Sh. Azmat Saeed, JJ |
| Parties | NADEEM AHMED — Petitioner Versus FEDERATION OF PAKISTAN — Respondent |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2013 PLP 336 (SCMR)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 336 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khilji Arif Hussain, Tariq Parvez, Ejaz Afzal Khan, Gulzar Ahmed and Sh. Azmat Saeed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 336 (SCMR) (NADEEM AHMED — Petitioner Versus FEDERATION OF PAKISTAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M Akram Sheikh, Senior Advocate Supreme Court for Petitioner.
- Irfan Qadir, AGP for Respondent.
- Date of hearing: 14th December, 2012.
- 4. After hearing Mr. Muhammad Akram Sheikh, learned Senior Advocate Supreme Court, representing the petitioner and the learned Attorney-General for Pakistan, and for the reasons to be recorded later, we accept this petition and direct the concerned authorities to issue notifications, thereby appointing Mr. Shaukat Aziz Siddiqui, as a Judge of Islamabad High Court, Islamabad, and Mr. Noor-ul-Haq N. Qureshi, as an Additional Judge of Islamabad High Court, Islamabad, for a period of six months, giving effect from the date of expiry of their earlier notifications.
Headnotes / Summary
(Under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973).
Arts. 175A(8), 175A(13) & 184(3)
Constitutional petition under Art.184(3) of the Constitution concerning non-issuance of appointment orders of two Judges of the Islamabad High Court by the President
Judicial Commission, proceedings of
Nomination of a name by majority by Judicial Commission
Scope
Judicial Commission, under the provisions of Art. 175A of the Constitution, recommended names of two judges for appointment, one as a Judge of Islamabad High Court and the other as an Additional Judge of Islamabad High Court for a period of six months, from the date of expiry of their tenure as Additional judges of the said High Court
Parliamentary Committee on receipt of the said nominations from the Judicial Commission unanimously confirmed the same, and in terms of Art. 175A(13) of the Constitution, sent the matter to the Prime Minister to forward the same to the President for appointment
President did not issue orders for appointment of said two Judges allegedly for the reason that one of the participants of the Judicial Commission was not qualified to attend the meeting
Even if it was assumed that one of the members, being non entity sat, voted and took part in the proceedings of Judicial Commission culminating in nomination, it would not vitiate the proceedings when the Judicial Commission in view of Art. 175A(8) of the Constitution had nominated by majority of its membership
Supreme Court directed the concerned authorities to issue notifications, thereby appointing one of the recommended names as a Judge of Islamabad High Court, and the other as an Additional Judge of Islamabad High Court, for a period of six months, giving effect from the date of expiry of their earlier notifications
Constitutional petition was allowed accordingly. Managing Director, Sui Southern Gas Company Ltd., Karachi v. Ghulam Abbas and others PLD 2003 SC 724 rel.
Judgment & Decree
KHILJI ARIF HUSSAIN, J.
Through this petition, filed under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973 thereinafter referred to as 'the Constitution'], the petitioner seeks following relief:-- "(a) to issue appropriate directions to the respondent for issuance of notifications; (b) to declare that till issuance of the notifications, being a mere clerical/ministerial formality, the Honourable Judges of Honourable High Court mentioned at (a) and (b) of paragraph above, may continue to function as Judges of Honourable Islamabad High Court without having to depend on issuance of notification(s); (c) Any other better or more appropriate consequential relief may also be granted in the interest of justice, especially to ensure that in future, the respondent may not use this kind of hindrance to the smooth functioning of judicial organ."
2. From the perusal of material made available before us, it appears that the Judicial Commission of Pakistan. [hereinafter referred to as 'the Commission'] in its meeting held on 22-10-2012, under the provisions of Article 175-A of the Constitution, recommended Mr. Shaukat Aziz Siddiqui, as a Judge and Mr. Noor-ul-Haq N. Qureshi, as an Additional Judge for a period of six months, of Islamabad High Court, Islamabad, from the date of expiry of their tenure as Additional Judges of the said High Court. The Parliamentary Committee on receipt of the aforesaid nominations from the Commission, in terms of Article 175-A(13) of the Constitution, after unanimously confirming the same, sent the matter to the Prime Minister of Pakistan to forward the same to the President of Pakistan for appointment. The President of Pakistan apparently not issued orders for appointment allegedly for the reason that one of the participants out of ten was not qualified to attend the meeting of the Commission.
3. We are of the view that even if it is assumed that one of the members, being non entity sat, voted and took part in the proceedings culminating in nomination, but it would not vitiate the proceedings when the Judicial Commission in view of Clause 8 of Article 175A of the Constitution has nominated by majority of its membership. We are supported in our view from the judgment reported as Managing Director, Sui Southern Gas Company LTD., Karachi v. Ghulam Abbas and others (PLD 2003 SC 724).
4. After hearing Mr. Muhammad Akram Sheikh, learned Senior Advocate Supreme Court, representing the petitioner and the learned Attorney-General for Pakistan, and for the reasons to be recorded later, we accept this petition and direct the concerned authorities to issue notifications, thereby appointing Mr. Shaukat Aziz Siddiqui, as a Judge of Islamabad High Court, Islamabad, and Mr. Noor-ul-Haq N. Qureshi, as an Additional Judge of Islamabad High Court, Islamabad, for a period of six months, giving effect from the date of expiry of their earlier notifications. MWA/N-12/SC Petition allowed.