| Case ID |
367d46cb-40bf-4fe8-87cc-c5e85a0461ad |
| Body |
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| Case Number |
Transfer Miscellaneous Application No. K-27 of 197 |
| Decision Date |
Oct 22, 1976 |
| Hearing Date |
Oct 22, 1976 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for the transfer of a case pending in one High Court to another High Court, citing a lack of jurisdiction under Article 175(2) of the Constitution of Pakistan. The Court emphasized that the term 'new High Court' is specifically defined and that existing High Courts established under the Constitution are not classified as 'new'. The Court found that the object of the High Courts (Establishment) Order had been exhausted, rendering it obsolete. As a result, the petition was deemed misconceived and dismissed. |
| Summary |
This case revolves around the jurisdiction of the Supreme Court regarding the transfer of cases between High Courts in Pakistan. The petitioner, Mir Hassan, sought to transfer a criminal revision case involving respondents Tariq Saeed and Zia Abbas from one High Court to another. The Supreme Court, however, clarified that under Article 175(2) of the Constitution, it lacks the authority to transfer cases pending in one High Court to another. The Court further elaborated that the term 'new High Court' as defined in the High Courts (Establishment) Order is now obsolete, and existing High Courts established under the Constitution should not be treated as 'new'. This ruling is significant in understanding the limitations of the Supreme Court's jurisdiction and the historical context of the High Courts' establishment in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD GUL,
DORAB PATEL,
MUHAMMAD HALEEM
|
| Lawyers |
Nemo for Respondents
|
| Petitioners |
MIR HASSAN
|
| Respondents |
TARIQ SAEED,
ZIA ABBAS
|
| Citations |
1977 SLD 226,
1977 PLD 1
|
| Other Citations |
Not available
|
| Laws Involved |
High Courts (Establishment) Order (P. O. 8 of 1970),
Constitution of Pakistan (1975),
Constitution of Pakistan (1973)
|
| Sections |
9,
2(2),
194,
290,
175
|