Mian MUHAMMAD SHAHBAZ SHARIF vs THE STATE
This matter concerns three Constitutional petitions filed directly under Article 184(3) of the Constitution of Pakistan 1973, seeking bail. The petitioner approached the Supreme Court because bail applications pending before the Lahore High Court were stalled due to the unavailability of a properly constituted bench following a previous Supreme Court judgment regarding judicial appointments. The core legal question was whether the Supreme Court should exercise its extraordinary original jurisdiction to grant bail when ordinary remedies remain available but are temporarily obstructed. The Court held that direct petitions under Article 184(3) are not maintainable when ordinary forums and remedies are available and have not been exhausted. The Court emphasized that litigants must exhaust ordinary legal channels before invoking the Supreme Court's extraordinary jurisdiction. Consequently, the Court refused leave to appeal, dismissed the petitions, and directed the Acting Chief Justice of the Lahore High Court to constitute a proper bench as required by the Banks (Special Courts) Ordinance 1984 to dispose of the bail applications within three days, ensuring the petitioner's rights are addressed through the appropriate legal forum.
- Is a direct Constitutional petition under Article 184(3) maintainable when ordinary legal remedies are available?
- Must a petitioner exhaust ordinary forums before invoking the extraordinary jurisdiction of the Supreme Court?
- Can the Supreme Court direct the High Court to constitute a specific bench to hear pending bail applications?
- Article 184(3), Constitution of Pakistan 1973
- Section 10(2), Banks (Special Courts) Ordinance 1984
ORDER
' SAJJAD ALI SHAH, C.J.---These three Constitutional petitions have directly been filed under Article 184(3) of the Constitution in which the prayer is for grant of bail on the ground that the bail applications are pending in the Lahore High Court and final orders have not been passed in view of the judgment of this Court on the subject of appointment of Judges in consequence whereof the two Judges on the Bench have become affected Judges and are unable to participate in the proceedings any more.
2. We issued notice to the learned Attorney-General for Pakistan to assist the Court on the question of maintainability of these petitions, and in response Raja M. Bashir, learned Deputy Attorney- General, has appeared and taken the stand that these petitions directly filed are not maintainable.
We are of the considered view that when remedies and forums are available under the ordinary law, then those forums are to be exhausted in the normal course and resort should not be made to,the extraordinary jurisdiction of the Supreme Court under which direct Constitutional petition can be filed.
3. We treated these petitions as ordinary petitions for leave to appeal. The grievance of the petitioner in these petitions is that the bail applications could not be disposed of for the reasons stated above and in such circumstances it should be considered that the bail applications have been rejected. It is also stated that the bail plea is urged in the High Court not on merits but on the medical grounds and in that connection two certificates are available issued by the doctors in which it is stated that the condition of the petitioner is such that further detention in the jail without proper medical attention can deteriorate his health condition and may cause paralysis.
4. We are of the considered view that the bail applications could not be disposed of by the High Court for the reasons which was beyond their control. It is stated before us that the petitioner is being tried for offences in respect of Banks (Special Courts) Ordinance IX of 1984 and under section 10(2) whereof bail plea is to be heard by a Bench of two or more Judges in the High Court. We refused leave and direct the learned Acting Chief Justice of the Lahore High Court to constitute a proper Bench as contemplated under the provisions of the law mentioned above so that the bail applications may be disposed of within a period of three days from today. Leave is refused and in the result the petitions are dismissed.