1998 PLP 130 (SCMR)

SAIDUZZAMAN SIDDIQUI, J.

An administrative order passed by Mr. Justice Sajjad Ali Shah, the Honourable Chief Justice (under restraint) has been delivered to us at our residences declaring the convening of Full Court for hearing of the cases listed in Supplementary Cause List No.405 of 1997, as illegal. We are sorry to say that in spite of a judicial order of a three members' Bench of this Court passed in C.P. No. 248-Q of 1997 on 28-11-1997 restraining the Hon'ble Chief Justice from performing administrative or judicial functions, the Hon'ble Chief Justice (under restraint) has not only fixed cases before two Benches; one consisting of himself and four other learned Judges of this Court and another Bench- consisting of Hon'ble Chief Justice (under restraint) and two other learned Judges of this Court, but has also issued the above administrative order. The issuance of above cause list, fixing of cases before the two Benches I mentioned above and the abovementioned administrative orders are wholly illegal and of no legal effect in view of the order passed by the Quetta Bench on 28-1-1997 in C.P. No. 248-Q of 1997 and, therefore, are to be totally ignored. We may also point out that the present Full Court has been convened in pursuance of the direction given by a Bench of this Court functioning at Peshawar in C.P. No.1-P of 1997. The objection regarding entertainment of Constitutional petitions under Article 184(3) of the Constitution at places. Other than Principal Seat has been fully dealt with and all the points raised now in above administrative order of Hon'ble Chief Justice (under restraint) has been fully explained and answered in two orders passed by the two different Benches of this Court functioning at Peshawar and Quetta dated 27-11-1997 and, therefore, they need not be repeated here. We will, however, refrain from making any comments on the merits of the appointment of Hon'ble Chief Justice (under restraint) raised in the above administrative notes as the matter is now subjudice before the Full Court and will be dealt with judicially. We therefore, hold that any administrative order passed by the Hon'blel Chief Justice (under restraint) and any judicial order passed by a Bench presided over by the Hon'ble Chief Justice (under restraint) is to be totally ignored by all and sundry without lawful authority and of no legal effect. The above order has been passed by us after we received the above administrative order and thereafter we all assembled in the Rest House No.12, Islamabad, in view of the urgency in the matter. A copy of this order may be brought to the notice of the two Benches presided every by the Hon'ble Chief Justice (under restraint). (Sd.) Saiduzzaman Siddiqui, J. (Sd.) Fazal Ilahi Khan, J. (Sd.) Irshad Hasan Khan, J. (Sd.) Nasir Aslam Zahid. J (Sd.) Munawar Ahmad Mirza, 3. (Sd.) Khalil-ur-Rehman Khan, J. Sh. Ijaz Nisar, J. (Sd.) Abdur Rehman Khan, J. (Sd.) Sh. Riaz Ahmad, J. M.B.A./A-28/S Order accordingly.