1998 PLP 179 (SCMR)
Syed IQBAL HAIDER ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents
| Citation | 1998 PLP 179 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, Fazal Rahi 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 | Syed IQBAL HAIDER ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1998 PLP 179 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 179 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui, Fazal Rahi 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 179 (SCMR) (Syed IQBAL HAIDER ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
‑‑‑‑Art. 184(3)‑‑‑Constitution (Thirteenth Amendment) Act (I of 1997), Preamble‑‑‑Bench of Supreme Court (consisting of three Judges) which was presided by the Chief Justice (under restraint) had passed an order suspending operation of Constitution (Thirteenth Amendment) Act, 1997, which had been passed unanimously by the Parliament of Pakistan‑‑‑Bench of ten Judges of Supreme Court noted that inspite of the order of Supreme Court made in Malik Asad Ali v. Federation of Pakistan 1998 SCMR 130, which was passed by nine Judges of the Supreme Court declaring that "any order passed by a Bench presided over by the Hon'ble Chief Justice (under restraint) will not be given effect", such order of suspension of Constitution (Thirteenth Amendment) Act, 1997 was passed and directed that President of Pakistan, Federal Government and all other functionaries of the Government might be informed that said order passed by the Bench comprising the Chief Justice (under restraint) and two other Judges of the Supreme Court had been stayed and would not be acted upon.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.
During the course of hearing of Constitution Petition No. 248-Q of 1997 and other connected matters., the learned Attorney-General for Pakistan stood and informed us that a 3 Members Bench presided over by the Hon'ble Cheif Justice (under restraint) has passed an order suspending the operation of 13th Amendment passed unanimously by the Parliament of Pakistan. We are sorry to say that in our order which was passed by 9 of us on 30-11-1997, declaring that any order passed by a Bench presided over by the Hon'ble Cheif Justice (under restraint) will not be given effect, the order has been made today. We have noted this with regret. We, accordingly, direct that it may be brought to the notice of the Federal Government and the President of Pakistan and all other functionaries of the Government that the order passed by the Bench comprising Hon'ble Chief Justice (under restraint) Mr. Justice Muhammad Bashir Jehangiri and Mr. Justice Ch. Muhammad Arif, has been stayed and will not be acted upon. (Sd.) Saiduzzaman Siddiqui, J. (Sd.) Fazal Ilahi Khan, J. (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 Rehman Khan, J. (Sd.) Sh. Riaz Ahmad, J. M.B.A./1-8/S Order accordingly.