Legal Case Summary

Case Details
Case ID 2df8a72e-80d4-4000-a598-06adc351dad2
Body View case body.
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