P L D 2021 Supreme Court 595 (PLP)
JUSTICE QAZI FAEZ ISA and others — Petitioners Versus The PRESIDENT OF PAKISTAN and others — Respondents
| Citation | P L D 2021 Supreme Court 595 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial, Maqbool Baqar, Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel, Sajjad Ali Shah, Syed Mansoor Ali Shah, Munib Akhtar, Yahya Afridi, Qazi Muhammad Amin Ahmed and Amin-ud-Din Khan, JJ |
| Parties | JUSTICE QAZI FAEZ ISA and others — Petitioners Versus The PRESIDENT OF PAKISTAN and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in P L D 2021 Supreme Court 595 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2021 Supreme Court 595 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial, Maqbool Baqar, Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel, Sajjad Ali Shah, Syed Mansoor Ali Shah, Munib Akhtar, Yahya Afridi, Qazi Muhammad Amin Ahmed and Amin-ud-Din Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2021 Supreme Court 595 (PLP) (JUSTICE QAZI FAEZ ISA and others — Petitioners Versus The PRESIDENT OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rasheed A. Rizvi, Senior Advocate Supreme Court (through Video Link from Karachi) (in C.R.Ps. Nos.297 and 309 of 2020).
- Hamid Khan, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (in C.R.Ps. Nos.299, 300, 301 and 308 of 2020).
Headnotes / Summary
Arts. 19-A, 184(3), 186, 188, 191 & 209(5)(b)
Broadcasting or live streaming of court proceedings
Constitutionality and permissibility
Review petitions before the Supreme Court challenging the directions given to the tax authorities by the Supreme Court to conduct an inquiry into the foreign assets of petitioner judge's family members and submit a report to the Supreme Judicial Council despite quashing of Presidential reference against the petitioner-judge
Application filed by the petitioner-judge seeking live coverage of proceedings of his review petition
[Per Umar Ata Bandial, J (Majority view)]: Said application of petitioner-judge was dismissed, however, it was observed that the right of the people to have access to information in matters of public importance under Art. 19-A of the Constitution was recognized, the details and modalities of which were to be decided by the Full Court on the administrative side
[Per Yahya Afridi, J, agreeing with the majority with respect to dismissal of application but with his own reasons] Application of petitioner-judge merited dismissal as the relief sought by him would negate the very spirit of the oath taken by the petitioner-judge
His Lordship, however, observed that the right of the public to have access to live-streaming or audio-video recording, written transcript or any other medium, of the court hearings in the proceedings of public importance, including those under Arts. 184(3) & 186 of the Constitution, was their fundamental right under Art. 19A of the Constitution
His Lordship directed the Registrar of the Supreme Court to place the matter before the Full Court for appropriate steps as it deemed fit, under Art. 191 of the Constitution, to effectuate such fundamental right of the public
[Per Maqbool Baqar, Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Syed Mansoor Ali Shah, JJ (Minority view)] Art. 19-A of the Constitution created an obligation on State institutions, including the Judiciary, to take the necessary measures to ensure realization of the fundamental right of citizens to have access to information in matters of public importance
Cases under Art. 184(3) of the Constitution, including review petitions and other matters arising therein, were matters of public importance, and the public had a right to know and see how proceedings in these cases were conducted and concluded by the Court
Live Streaming (audio and video) of court hearings of such cases should be made available for information of the public through a link on the official website of the Supreme Court, and for such purpose the Registrar of the Supreme Court should take steps to provide for the requisite technological infrastructure and make arrangements for necessary amendments in the Rules under Art. 191 of the Constitution to regulate its practice and procedure in such regard
Keeping in view the current state of technological infrastructure available in the Supreme Court and the fact that the review petitions filed in the present case were fixed for hearing, Their Lordships directed that the audio recording of the proceedings of the court hearings of the present review petitions should be made available to the public through a link on the official website of the Supreme Court; that the Registrar of the Supreme Court shall ensure that the un-edited audio recording of the proceedings of the court hearing of the review petitions was made available to the public on the official website of the Court on the same day soon after the hearing and before the close of the working hours].
Judgment & Decree
UMAR ATA BANDIAL, J.
Civil Misc. Application No. 1243 of 2021. For reasons to be recorded later, this Misc. Application is dismissed. However, the right of the people to have access to information in matters of public importance under Article 19-A of the Constitution is recognized, the details and modalities of which are to be decided by the Full Court on the administrative side. Sd/- JUDGE I have given my separate note. Sd/- JUDGE Sd/- JUDGE I have attached my separate note. Sd/- JUDGE Sd/- JUDGE I have appended separate note. Sd/- JUDGE Sd/- JUDGE I have appended my reasons for the dismissal. Sd/- JUDGE Sd/- JUDGE Sd/- JUDGE YAHYA AFRIDI, J.
For the reasons already recorded in my judgment delivered in Constitution Petition No.17 of 2019, the present Civil Miscellaneous Application No.1243 of 2021 is dismissed, as the relief sought by the petitioner would "negate the very spirit of the oath taken by the petitioning Judge".
2. However, for the reasons to be recorded later, I find the right of the public to have access to live-streaming or audio-video recording, written transcript or any other medium, of the court hearings in the proceedings of public importance, including those under Articles 184(3) and 186 of the Constitution, is their fundamental right under Article 19A of the Constitution. The Registrar of this Court is, therefore, directed to place the matter before the Full Court for appropriate steps as it deems fit, under Article 191 of the Constitution, to effectuate this fundamental right of the public. Sd/- JUDGE Short Order For the reasons to be recorded later, we dispose of the miscellaneous application (C.M.A. No. 1243/2021) filed by the Petitioner in review petition (C.R.P. No.296/2020) in the following terms: (i) Article 19-A of the Constitution of the Islamic Republic of Pakistan, 1973 ("Constitution") creates an obligation on State institutions, including the Judiciary, to take the necessary measures to ensure realization of the fundamental right of citizens to have access to information in matters of public importance. Cases under Article 184(3) of the Constitution, including review petitions and other matters arising therein, are matters of public importance, and the public has a right to know and see how proceedings in these cases are conducted and concluded by the Court. We, therefore, hold that Live Streaming (audio and video) of court hearings of these cases should be made available for information of the public through a link on the official website of this Court, and for this purpose the Registrar of this Court should take steps to provide for the requisite technological infrastructure and make arrangements for necessary amendments in the Rules under Article 191 of the Constitution to regulate its practice and procedure in this regard; (ii) Keeping in view the current state of technological infrastructure available in this Court and the fact that the review petitions filed in the case are fixed for hearing, we direct the audio recording of the proceedings of the court hearings of the said review petitions to be made available to the public through a link on the official website of this Court. The Registrar of this Court shall ensure that the un-edited audio recording of the proceedings of the court hearing of the review petitions is made available to the public on the official website of the Court on the same day soon after the hearing and before the close of the working hours. Sd/- (Maqbool Baqar, J.) Sd/- (Manzoor Ahmad Malik, J.) Sd/- (Mazhar Alam Khan Miankhel, J.) Sd/- (Syed Mansoor Ali Shah, J.) ORDER OF THE BENCH: By majority of 6 to 4 (Maqbool Baqar, J; Manzoor Ahmad Malik, J; Mazhar Alam Khan Miankhel, J and Syed Mansoor Ali Shah, J dissenting), Civil Misc. Application No.1243 of 2021 is dismissed. Sd/- Sd/- JUDGE JUDGE Sd/- Sd/- JUDGE JUDGE Sd/- Sd/- JUDGE JUDGE Sd/- Sd/- JUDGE JUDGE Sd/- Sd/- JUDGE JUDGE MWA/J-4/SC Application dismissed.