KAMRAN MURTAZA vs FEDERATION OF PAKISTAN
This petition under Article 184(3) of the Constitution was filed by the President of the Supreme Court Bar Association, alleging that public agitation regarding the fairness of general elections has resulted in widespread violations of citizens' fundamental rights and threatened the democratic constitutional order. The core legal question is whether the Supreme Court should exercise its original jurisdiction to intervene in the ongoing political impasse to protect fundamental rights and ensure the preservation of the democratic dispensation. The Court, while acknowledging the gravity of the contentions, did not issue a final adjudication but rather issued notices to the respondents and the Attorney-General for Pakistan. Pending final determination, the Court issued an interim directive mandating that all state authorities and functionaries must act strictly in accordance with the Constitution and the law, specifically guided by the constitutional principles previously enunciated in Sindh High Court Bar Association v. Federation of Pakistan, while restraining them from taking any unconstitutional measures.
- Does the Supreme Court have the power under Article 184(3) to intervene in a political impasse to protect fundamental rights?
- Can the Supreme Court issue interim directions to state authorities to act in accordance with the Constitution pending the final adjudication of a petition?
- Is the Supreme Court empowered under Article 187(1) to issue orders necessary for doing complete justice in a matter?
- Article 184(3), Constitution of Pakistan 1973
- Article 2A, Constitution of Pakistan 1973
- Article 17, Constitution of Pakistan 1973
- Article 9, Constitution of Pakistan 1973
- Article 14, Constitution of Pakistan 1973
- Article 15, Constitution of Pakistan 1973
- Article 16, Constitution of Pakistan 1973
- Article 23, Constitution of Pakistan 1973
- Article 24, Constitution of Pakistan 1973
- Article 187(1), Constitution of Pakistan 1973
- Order XXVII-A Rule 1, Code of Civil Procedure 1908
ORDER
' NASIR-UL-MULK, C.J.---This petition under Article 184(3) has been filed by Mr. Kamran Murtaza, President, Supreme Court Bar Association. It has inter alia been contended by the petitioner appearing in person that some sections of the society maintain that the general elections held in the country last year were not free and fair and sanctity of ballot had been violated in those elections undermining the democratic foundations of the Republic; that such claimed denial of political justice contemplated by the Objectives Resolution and Article 2A read with Article 17 of the Constitution is an issue which is currently engaging the public at large and the same has led to agitation in the country on a large scale. It has been maintained by him that in the handling of such agitation large scale violations of the citizens' fundamental rights under Articles 9, 14, 15, 16, 23 and 24 of the Constitution are taking place and in this regard he has referred to killing of a number of persons including police officials, unauthorized seizing of containers of private persons or commercial enterprises by the police for its own use and restrictions placed upon the citizens' freedoms regarding movement and unarmed peaceful assembly. He has further submitted that in view of the protest marches of the agitating political parties and others in and towards the capital city of Pakistan , the daily lives of the residents of that city are in peril and the democratic constitutional dispensation in the country is in jeopardy. The petitioner has maintained that the political standoff or impasse created by the situation is adversely affecting all spheres of national life and that such situation may prompt or embolden some authorities or functionaries to take undue advantage of the situation and to resort to some unconstitutional measures. According to him this Court being at the apex of the dispute resolution mechanisms in the country and having the requisite jurisdiction to enforce fundamental rights of the citizens under Article 184(3) of the Constitution and also possessing the power under Article 187(1) of the Constitution to issue such directions or orders as may be necessary for doing complete justice in any case or matter should intervene in the matter so that the relevant issues may be resolved within the framework of the Constitution and the law and the democratic polity and dispensation of the republic is not dislodged or derailed.
2. The contentions of the petitioner noted above require consideration. Let a notice of this petition be issued to the respondent and to the learned Attorney-General for Pakistan under Order XXVII-A, Rule 1, C.P.C. For 18-8-2014. In the meanwhile all the State authorities and functionaries are directed to act only in accordance with the Constitution and the law who shall be guided by the principles of Constitution and Law enunciated in the case of Sindh High Court bar Association v. Federation of Pakistan (PLD 2009 SC 897) and they are restrained from acting in any manner unwarranted by the Constitution and the law.