1998 PLP 119 (SCMR)
Malik ASAD ALI ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents
| Citation | 1998 PLP 119 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, Fazal Ilahi Khan, Irshad Hasan Khan, Raja Afrasiab Khan, Nasir Aslam Zahid, Munawar Ahmad Mirza, Khalil‑ur‑Rehman Khan, Sh. Ijaz Nisar, Abdur Rehman Khan and Sh. Riaz Ahmad, JJ |
| Parties | Malik ASAD ALI ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 119 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 119 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui, Fazal Ilahi Khan, Irshad Hasan Khan, Raja Afrasiab Khan, Nasir Aslam Zahid, Munawar Ahmad Mirza, Khalil‑ur‑Rehman Khan, Sh. Ijaz Nisar, Abdur Rehman Khan and Sh. Riaz Ahmad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 119 (SCMR) (Malik ASAD ALI ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Chishti, Senior Advocate Supreme Court and Mrs Ashraf Abbasi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 2nd December, 1997
- Muhammad Aslam Chishti, Senior Advocate Supreme Court and Mrs Ashraf Abbasi, Advocate-on-Record for Petitioner.
- Ch. Muhammad Farooq, Attorney-General for Pakistan (on Court Notice), Syed Sharifuddin Pirzada, Senior Advocate Supreme Court Amicus curiae
Headnotes / Summary
‑‑‑‑Art. 184(3)‑‑‑Supreme Court Rules, 1980, O.XXV‑‑‑Constitutional petition under Art. 184(3) of the Constitution of Pakistan questioning the validity of appointment of Chief Justice of Pakistan‑‑‑Supreme Court Bench consisting of three Judges of the Supreme Court sitting at Branch Registry had passed a very specific order on the said Constitutional petition that during the pendence of said petition, Chief Justice shall not perform any judicial or administrative functions‑‑‑Bench consisting of ten Judges of the Supreme Court sitting at Principal Seat adopted and re‑affirmed the said order of the Bench passed at the Branch Registry and, accordingly, directed the Federal Government as well as the President of Pakistan to make an immediate order under Art.180 of the Constitution appointing the Senior most Judge of Supreme Court as Acting Chief Justice of Pakistan; in the meantime, as such appointment was likely to take some time, Supreme Court further directed that pending appointment of Acting Chief Justice, the senior most Judge of Supreme Court will discharge administrative as well as judicial functions of Chief Justice of the Supreme Court including the constitution of the Benches‑‑‑Office of .the Supreme Court was also directed that no further order constituting the Benches should be taken from the Chief Justice (under restraint); such orders and other orders regarding day to day working and administration of Court shall be obtained from the Senior most Judge of the Supreme Court till his appointment as Acting Chief Justice. Ch. Muhammad Farooq, Attorney‑General for Pakistan (on Court Notice), Syed Sharifuddin Pirzada, Senior Advocate Supreme Court Amicus curiae
Judgment & Decree
(Sd.) Irshad Hasan Khan, J. (Sd.) Raja Afrasiab Khan, J. (Sd.) Nasir Aslam Zahid, J. (Sd.) Munawar Ahmad Mirza, J (Sd.) Khalil-ur-Rehman Khan, J (Sd.) Sh. Ijaz Nisar, J (Sd.) Abdur Rehmman Khan, J (Sd.) Sh. Riaz Ahmad, J M.B.A A-25/S order accordingly