Case ID |
2df8a72e-80d4-4000-a598-06adc351dad2 |
Body |
View case body. Login to View |
Case Number |
C.M.As. Nos. 204 and 233 of 2017 in C.R.P. No. 474 |
Decision Date |
Jan 20, 2017 |
Hearing Date |
Jan 20, 2017 |
Decision |
The Supreme Court ruled that the constitution of Benches is solely the prerogative of the Chief Justice and that no litigant or lawyer can demand a specific Bench to hear their case. The Court emphasized that while requests for the constitution of larger Benches can be made, these are not guaranteed and must comply with the existing rules. The Court also addressed the issue of review petitions, clarifying that they should ideally be heard by the same Bench that delivered the original judgment, subject to availability. The applications for review were dismissed based on procedural grounds, reaffirming the Chief Justice's exclusive authority in determining the composition of the Bench. |
Summary |
This case addresses significant legal principles regarding the constitution of Benches in the Supreme Court of Pakistan. The ruling clarifies the exclusive authority of the Chief Justice in determining Bench composition, emphasizing that litigants cannot dictate their preferred Bench for hearings. The case also examines the Supreme Court Rules, specifically regarding review petitions, highlighting the procedural requirements for such applications. The decision is pivotal for understanding judicial procedures within the Supreme Court and reinforces the judiciary's independence and authority. The implications of this ruling are far-reaching, ensuring that the judicial process remains robust and free from undue influence. Keywords include Supreme Court, Bench constitution, judicial independence, review petitions, Chief Justice authority. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
AMIR HANI MUSLIM,
MUSHIR ALAM,
MAZHAR ALAM KHAN MIANKHEL
|
Lawyers |
Syed Iftikhar Hussain Gillani,
Mehmood A. Sheikh
|
Petitioners |
Others,
SHAHZADA ASLAM
|
Respondents |
Others,
CH. MUHAMMAD AKRAM
|
Citations |
2017 SLD 1861,
2017 PLD 142
|
Other Citations |
Federation of Pakistan v. Muhammad Shahbaz Sharif PLD 2009 SC 391,
Government of Punjab v. Aamir Zahoor-ul-Haq PLD 2016 SC 421,
Muhammad Iqbal and others v. Lahore High Court 2010 SCMR 632,
Asif Saeed v. Registrar Lahore High Court PLD 1999 Lah. 350,
Asad Ali v. Federation of Pakistan PLD 1998 SC 161
|
Laws Involved |
Supreme Court Rules, 1980
|
Sections |
O.XI,
O.XXVI,R.8
|