1998 PLP 115 (SCMR)

SAIDUZZAMAN SIDDIQUI, J.--'This Constitution petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan was presented in Court at about 10 a.m. on the ground that the office has refused to entertain the petition asserting that this petition is to be filed at the principal seat. The office has relied on Order XXV of the Supreme Court Rules which contains the following notes:-- . "Original jurisdiction.

Any application or petition falling under this Order may' be filed and registered only in the main Registry at Rawalpindi. "

2. At the time we assembled for Court hearing at 11-00 hours, one of the learned Member of the Bench, Mr. Justice Mukhtar Ahmad Junejo, expressed his inability to hear this case and so the same has been heard by us, the remaining two Members of the Bench.

3. We have gone through the Rules framed for regulating the conduct of proceedings before this Court under Article 191 of the Constitution of Islamic Republic of Pakistan and we have not been able to discover anything in this Article prohibiting filing of a petition at the Branch Registry under Article 184(3) of the Constitution. In any case the Rules framed under Article 191 of the Constitution are regulatory in nature and they do not affect the jurisdiction of the Court which is conferred under Article 184 (3) of the Constitution. We, therefore, see no justification for the office to have declined to entertain this petition at Branch Registry, Peshawar. In any case looking to importance and urgency in the matter, the compliance of any such rule is dispensed with. The office objection is, accordingly, overruled. Accordingly, the office is directed to register the petition, which has been directly entertained by us.

4. The questions raised in this petition are of great public importance and in fact, affect the very working and existence of this. Court. Several important questions relating to interpretation of Constitution have been raised in this petition and they require a thorough consideration by a larger Branch. We, accordingly, admit this petition and direct that notices be issued to respondents as well as Attorney-General of Pakistan. This petition should be fixed for hearing alongwith the petition which has already been admitted by a Bench of this Court at Quetta.

5. There is an interim application in this case for grant of an injunction restraining the Hon'ble Chief Justice of Pakistan from performing his functions. In our view, it is not necessary to pass an order on this application for the reason that a similar order has already been passed by a Bench of this Court, at Quetta, whereby the appointment of the Hon'ble Chief Justice has been suspended and in consequence thereof, he is unable to perform his functions as such. However, it has been pointed out by the petitioner, who is a senior counsel of this Court, that' in spite of the order passed by the Quetta Bench, the Hon'ble Chief Justice through an administrative order, has suspended the operation of the order passed by the Quetta Bench of this Court. We are unable to assimilate this contention, as the Hon'ble Chief Justice is himself a respondent in the petition in which the Bench at Quetta has passed interim order and in consequence thereof, he has been restrained from passing any judicial or administrative order in his capacity as the Chief Justice,of Pakistan. However, it is, open to the petitioner or any other affected party to raise this plea before the Bench hearing such petitions. Since the Hon'ble Chief Justice, as a consequence of the order passed by the Quetta Bench of this Court, will not be in a position to discharge his judicial or C administrative functions, a direction is sought to be issued to the Registrar of the Supreme Court of Pakistan that he should place all these cases for consideration before the senior puisne Judge, Mr. Justice Ajmal Mian, and obtain orders from him accordingly. Since these cases involve a very important question, in our view, it will be appropriate that this matter, alongwith other similar matters, be placed before the Full Court constituting all the Judges of Supreme Court, except the Hon'ble Chief Justice of Pakistan, who is a respondent in the petition, for an authoritative pronouncement on the subject. The Registrar, Supreme Court of Pakistan, is accordingly, directed to take immediate steps and place the matter forthwith before the learned puisne Judge, Mr. Justice Ajmal Mian, at Karachi and obtain appropriate instructions for constitution of the Bench for hearing of these cases. In compliance with the orders of the learned Bench of this Court passed in Constitution Petition No. l-P of 1997 on 27-11-1997 and 28-11-1997, in my capacity as the next senior Judge of Supreme Court, I constitute the Full Court consisting of the following learned Judges of this Court to hear the above petition and all other similar petitions pending before the Supreme Court, at the principal seat Islamabad, on 1-12-1997 at 9 a.m.:=- (1) Mr. Justice Saiduzzaman Siddiqui (2) Mr. Justice Fazal Ilahi Khan (3) Mr. Justice Irshad Hasan Khan (4) Mr. Justice Mukhtar Ahmad Junejo (5) Mr. Justice Raja Afrasiab Khan (6) Mr. Justice Muhammad Bashir Jehangiri (7) Mr. Justice Nasir Aslant Zahid (8) Mr. Justice Munawar Ahmad Mirza (9) Mr. Justice Khalil-ur-Rehman Khan (10) Mr. Justice Sheikh Ijaz Nisar (11) Mr. Justice Mamoon Kazi (12) Mr. Justice Abdur Rehman Khan (13) Mr. Justice Sh. Riaz Ahmed (14) Mr. Justice Ch. Muhammad Arif (15) Mr. Justice Munir A. Sheikh

2. The Registrar and Additional Registrar Supreme Court are directed to make necessary arrangements for Full Court Session at Islamabad on 1-1z-1997, accordingly. A request may be sent through fax to all the learned Judges functioning at Lahore, Quetta and Karachi Registries, to make arrangements to reach Islamabad, before 1-12-1997. (Sd.) Saiduzzaman Siddiqui, J M.B.A./A-29/S Order accordingly