Malice of petitioner

2013 SCMR 1159 SUPREME-COURT Judicial Precedent

Ss. 6(1) & 5(1)Constitution of Pakistan, Art. 184(3)

Constitutional petition under Art.184(3) of the Constitution challenging the appointment of Chairman, Securities and Exchange Commission of Pakistan

Maintainability

Malice of petitioner

Proof

Plea that present petition was based on malice as employment of petitioner as Executive Director of Securities and Exchange Commission of Pakistan ("the Commission") had been terminated, and that petitioner was merely a disgruntled employee who was motivated by ill-will towards his former bosses and was attempting to abuse the process of the Supreme Court for his personal ends

Validity

Although it was argued that the hands of the petitioner were stained with malice, no such stain or malice was adverted to or brought on record

Mere fact that the petitioner was aggrieved of termination of his employment by the Commission did not in any manner amount to malice

In the present case, nothing had been placed on record which indicated any mala fide on the part of the petitioner, or which would suggest that the petitioner was seeking to exploit the process of the Supreme Court for purely personal gain

Fact that the petitioner had been an employee of the Commission were not sufficient to establish his mala fides, in fact, it was only understandable that employees and other insiders, who naturally had the most understanding of the functioning of concerned institutions, were the ones who most frequently brought the issues of public importance arising in such institutions to the notice of the constitutional courts

Constitutional petition was held to be maintainable accordingly.