MALIK ASAD ALI vs FEDERATION OF PAKISTAN And Other
This matter concerns a constitutional petition challenging the validity of the appointment of the Chief Justice of Pakistan, Mr. Justice Sajjad Ali Shah. During the pendency of these proceedings, the Court addressed a conflict arising from the Chief Justice (under restraint) passing judicial orders despite a prior explicit order from the Quetta Bench prohibiting him from performing any judicial or administrative functions. The Court reaffirmed the previous restraint order, emphasizing the necessity of maintaining judicial discipline and the integrity of the Court's administrative processes. Consequently, the Court directed the Federal Government and the President of Pakistan to immediately appoint the senior-most judge, Mr. Justice Ajmal Mian, as the Acting Chief Justice of Pakistan under the relevant constitutional provision. Pending this formal appointment, the Court authorized Mr. Justice Ajmal Mian to discharge all administrative and judicial functions of the Chief Justice, including the constitution of benches, and explicitly prohibited the Court office from seeking further orders from the Chief Justice under restraint.
- Can the Supreme Court restrain a Chief Justice from performing judicial or administrative functions during the pendency of a petition challenging his appointment?
- Does the senior-most judge of the Supreme Court have the authority to discharge the functions of the Chief Justice pending the appointment of an Acting Chief Justice?
- What is the procedure for the appointment of an Acting Chief Justice of Pakistan under the Constitution?
- Article 180, Constitution of Pakistan 1973
ORDER
While we were in the mids of arguments on Constitution Petition No. 248-Q of 1997 in which the question of validity of the appointment of Honourable Chief justice of Pakistan, Mr. Justice Sajjad Ali Shah is in question, we were informed by the learned Attorney General that another Bench of this Court comprising Mr. Justice Sajjad Ali Shah, the Honourable Chief Justice (under restraint), Mr. Justice Muhammad Bashir Jehangiri and Mr. Justice Muhammad Arif has passed an order suspending 13th amendment in C.P. No. 35 of 1997. We are sorry to note that order the orders of Quetta Bench of this Court passed in C.P. No. 248-Q/1997 on 8- 11-1997, a very specific order was made that during the pendency of the petition, Honourable Chief Justice (Mr. Justice Sajjad Ali Shah) shall not perform any judicial or administrative functions. We adopt and re-affirm the said order and accordingly direct the Federal Government as well as the President of Pakistan to take an immediate order under Article 180 of the Constitution appointing Mr. Justice Ajmal Mian the senior most Judge of this Court as Acting Chief Justice of Pakistan. In the meantime as this appointment is likely, to take some the, we further direct that pending appointment of Acting Chief Justice, Mr. Justice Ajmal Mian, the senior most Judge of this Court will discharge administrative as well as judicial functions of Chief Justice of this Court including the Constitution of the benches. The office is directed that no further order constituting the Benches should taken from the Hon'ble Chief Justice (under restraint). Such orders and other oders regrading day to day working and administration of Court shall be obtained from Mr. Justice Ajmal Mian until appointment of Acting Chief Justice.
2. A copy of this order, shall be sent to the Federal Government as well as the President by fax today, for compliance.