| Case ID |
0c8abccf-e1e2-493e-91f1-06263a510137 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.709 of 1998 |
| Decision Date |
Jun 26, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by Aftab Shahban Mirani against the Lahore High Court's decision, citing procedural delays and lack of adequate explanation for the delay in filing the petition. The Court emphasized the importance of adhering to the limitation periods and the necessity of providing a reasonable explanation for any delays beyond the prescribed time. Additionally, the Court addressed the disqualification of the petitioner based on alleged defamatory statements against the judiciary, ruling that the Returning Officer lacked the jurisdiction to disqualify a sitting Senator without a detailed inquiry. The Supreme Court upheld the principles of due process and the integrity of the judiciary, ultimately refusing the petition on the grounds of procedural deficiencies. |
| Summary |
In the landmark case Civil Petition for Leave to Appeal No.709 of 1998, the Supreme Court of Pakistan deliberated on the disqualification of Aftab Shahban Mirani from the presidential race due to alleged defamatory statements against the judiciary. The case centered around the interpretation of the Constitution of Pakistan (1973), specifically Articles 185(3), 63(2), and 41(2), and the Presidential Election Rules of 1988. The petitioner challenged the Lahore High Court's decision to reject his nomination papers, arguing procedural delays and lack of substantial evidence regarding the alleged misconduct. The Supreme Court meticulously analyzed the scope of summary inquiries, the limitations of the Returning Officer's authority, and the imperative of due process. Referencing pivotal cases such as Ahmad Din v. Rasul Bibi and Allah Rakhi v. Irshad Bibi, the Court reinforced the necessity for clear and justified procedures in electoral matters. Emphasizing the inviolable right to access justice and the principles of impartiality and fairness, the Court ultimately dismissed the petition, highlighting the importance of adhering to constitutional mandates and procedural integrity in maintaining the sanctity of Pakistan's judicial and electoral systems. This decision underscores the judiciary's role in upholding constitutional governance, protecting fundamental rights, and ensuring the integrity of electoral processes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Supreme Court of Pakistan,
Pakistan People's Party,
Pakistan Muslim League (Nawaz Group),
Acting Chief Election Commissioner,
Judiciary of Pakistan
|
| Judges |
AJMAL MIAN, C.J.,
SH. RIAZ AHMAD,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Masud Kausar, Advocate Supreme Court,
Sh. Muhammad Naeem, Advocate Supreme Court,
Nemo
|
| Petitioners |
AFTAB SHAHBAN MIRANI
|
| Respondents |
others,
PRESIDENT OF PAKISTAN
|
| Citations |
1998 SLD 794,
1998 SCMR 1863
|
| Other Citations |
Ahmad Din v. Rasul Bibi PLD 1968 SC 213,
Zahoor Elahi v. S. Fazalur-Rehman and another 1969 SCMR 274,
Allah Rakhi v. Irshad Bibi 1994 SCMR 2244,
Muhammad Nawaz v. Abdus Salam and another PLD 1997 SC 563,
Pir Sabir Shah v. Shad Muhammad Khan, Member Provincial Assembly, N.W.F.P. and another (PLD 1995 SC 66),
Government of Balochistan through Additional Chief Secretary v Azizullah Memmon and 16 others (PLD 1993 SC 341),
Sharaf Faridi v Islamic Republic of Pakistan (PLD 1989 Karachi 404),
Syed Abul A'la Maudoodi's case (PLD 1964 SC 673 at 710),
Ms. 13enazir Bhutto's case (PLD 1989 SC 41f)
|
| Laws Involved |
Constitution of Pakistan (1973),
Presidential Election Rules, 1988,
Limitation Act, 1908
|
| Sections |
Art. 185(3),
Art. 63(2),
Arts. 41(2) & 63(2),
R.5(3),
Section 12
|