| Case ID |
eadfbe03-57a3-485a-bf24-242b4030cc1a |
| Body |
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| Case Number |
Civil Miscellaneous Petition No.196-R of 1989 |
| Decision Date |
Aug 06, 1989 |
| Hearing Date |
Aug 06, 1989 |
| Decision |
The Supreme Court of Pakistan addressed the application regarding the legitimacy of judicial participation when the judges involved may have perceived interests in the outcome of the case. It was held that judges do not automatically become biased simply because a party changes its role from respondent to petitioner. The Court emphasized the principle that no one should be a judge in their own cause, yet noted that this principle does not apply when the legitimacy of a legal order is questioned, and the judges involved are acting within the framework of that order. The application to exclude certain judges from hearing the case was rejected, affirming that the integrity of the judiciary must be maintained even in complex situations involving potential conflicts of interest. The Court reiterated the need for the judiciary to uphold its dignity and impartiality in all proceedings, thereby ensuring public confidence in the judicial system. |
| Summary |
This case revolves around the legal principle of judicial bias, particularly in the context of the Supreme Court of Pakistan's handling of petitions involving the Federation and individual petitioners. The Court deliberated on whether judges who had previously ruled on a matter could participate in subsequent reviews without violating the principle that a judge should not be a judge in their own cause. The legal backdrop included the examination of the legitimacy of actions taken by the government during a transitional period. The Court concluded that the judges in question were not disqualified from hearing the case due to perceived biases, as the fundamental integrity of the judicial process must be preserved. This decision reflects the ongoing discourse on maintaining judicial independence while ensuring fair and just legal proceedings. Keywords: judicial bias, Supreme Court of Pakistan, legal order legitimacy, judicial independence, conflict of interest. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
Federal Government of Pakistan
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN, J.,
MUHAMMAD AFZAL ZULLAH, J.,
NASIM HASAN SHAH, J.,
ABDUL KADIR SHAIKH, J.,
SHAFIUR RAHMAN, J.,
JAVID IQBAL, J.,
GHULAM MUJADDID, J.,
SAAD SAOOD JAN, J.,
USMAN ALI SHAH, J.,
ALI HUSSAIN QAZILBASH, J.,
NAIMUDDIN, J.
|
| Lawyers |
Yahya Bakhtiar,
Muhammad Asif Jan,
Muhammad Afzal Siddiqui,
F.M. Khokhar,
Fazale-Hussain,
Zaki-ud-Din Pal,
Asghar Hameed,
Abdul Karim Kundi,
Ghulam Dastgir,
Sh. Shaukat Ali,
Manzoor Illahi
|
| Petitioners |
FEDERATION OF PAKISTAN,
Haji MUHAMMAD SAIFULLAH
|
| Respondents |
MUHAMMAD AKRAM SHAIKH
|
| Citations |
1989 SLD 960,
1989 PLD 689
|
| Other Citations |
PLO 1970 SC 98,
PLD 1972 SC 139,
PLD 1977 SC 657,
PLD 1955 FC 185,
PLD 1960 SC 295,
PLD 1956 FC 50
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Not available
|