Justice Qazi Faez Isa vs The President of Pakistan and others
This order of the Supreme Court of Pakistan arises out of Constitution Petition No. 17 of 2019 along with nine connected petitions filed by a sitting Judge of the Supreme Court, Bar Associations, Bar Councils, and senior advocates. The petitions challenged a Presidential Reference dated 20.05.2019 initiated against the Petitioner-Judge, primarily alleging mala fides in fact and in law pursuant to the principles laid down in Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan (PLD 2010 SC 61). The core legal matters raised included the maintainability of the petitions in light of the constitutional bar of jurisdiction under Article 211, the immunity of the President and Prime Minister under Article 248, and constitutional interpretation requiring notice to the Attorney General. The Supreme Court observed that the points raised warranted consideration, issued notice to the respondents, directed notice to the Attorney General under Order XXVII-A CPC, noted that the retention of the President and Prime Minister as parties would be examined during hearings, and adjourned the proceedings for detailed legal submissions.
- Whether notice under Order XXVII-A of the Code of Civil Procedure 1908 must be issued to the Attorney General for Pakistan in proceedings involving the interpretation of constitutional provisions?
- Whether the retention of the President of Pakistan and Prime Minister of Pakistan as respondents in a constitutional petition must be examined in light of Article 248 of the Constitution of Pakistan 1973?
- Whether petitions challenging a Presidential Reference on grounds of mala fides raise substantial legal questions requiring consideration despite the jurisdictional bar under Article 211 of the Constitution of Pakistan 1973?
- Article 211, Constitution of Pakistan 1973
- Article 248, Constitution of Pakistan 1973
- Order XXVII-A, Code of Civil Procedure 1908
UMAR ATA BANDIAL, J. Learned senior counsel for the Petitioner-Judge in Constitution Petition No.17 of 2019 is indisposed. A request for adjournment on his behalf has been made by his colleague. There are 9 other petitions on the same subject filed by different Bar Associations, Bar Councils and senior members of the Bar, namely , Mr. Abid Hassan Minto and Hafiz Abdul Rehman Ansari. The Reference dated 20.05.2019 filed by the President of Pakistan against the Petitioner-Judge is assailed primarily on the ground, inter alia, of mala fide in fact and mala fide in law based upon the principles enunciated in the judgment of this Court in Chief Justice of Pakistan Iftikhar Muhammad Chaudhry vs. President of Pakistan (PLD 2010 SC 61). We consider that the points raised in these petitions deserve consideration and accordingly we issue notice to the respondents. Learned Additional Attorney General seeks a week' s time to file his concise statement.
2. The President of Pakistan and the Prime Minister of Pakistan have been arrayed as respondents in some of these petitions. Since they have immunity under Article 248 of the Constitution, therefore, it shall be examined during the hearings whether they can be retained as parties to these proceedings.
3. As the questions raised in these petitions involve interpretation of the Constitutio n, accordingly , notice under Order XXVII-A CPC is also issued to the Attorney General for Pakistan.
4. As the questions raised for consideration by this Court are essentially of a legal nature, including the bar of jurisdiction imposed by Article 211 of the Constitution, accordingly , the matters to come up for submissions by the learned counsel for the petitioners on 08.10.2019 . Adjourned accordingly .