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Supreme Court Bar Association through its President Mr. Hamid Khan VS Federation of Pakistan-10/04/2002

Pakistan supreme court
Appointment of Supreme Court Judges Case Appointment of Supreme Court Judges challenge on the ground that it has not been made on the seniority basis.

Appointment of Supreme Court Judges Case Appointment of Supreme Court Judges challenge on the ground that it has not been made on the seniority basis.

IN THE SUPREME COURT OF PAKISTAN

(Original JurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.)

PRESENT:

Mr. Justice Sh. Riaz Ahmed, C.J.

Mr. Justice Qazi Muhammad Farooq

Mr. Justice Mian Muhammad Ajmal

Mr. Justice Syed Deedar Hussain Shah

Mr. Justice Abdul Hameed Dogar

CONSTITUTION PETITION NO. 1/2002

Supreme Court Bar Association through its President Mr. Hamid Khan

VERSUS

The Federation of Pakistan & others

CONSTITUTION PETITION NO. 6/2002

Pakistan Lawyers forum through its President … Petitioner

VERSUS

General Pervez Musharraf

President of Pakistan & others … Respondents

CONSTITUTION PETITION NO. 7/2002

Wattan Party through its President

Zafarullah Khan … Petitioner

VERSUS

Federation of Pakistan through

Secretary, Ministry of law, Justice &

Parliamentary Affairs & others … Respondents

CONSTITUTION PETITION NO. 8/2002

Rai Muhammad Nawaz Kharal, ASC … Petitioner

VERSUS

Federation of Pakistan & others … Respondents

CONSTITUTION PETITION NO. 12/2002

Pakistan Bar council through its Chairman

Mr. Hadi Shakeel Ahmed … Petitioner

VERSUS

Federation of Pakistan through

Secretary, Ministry of law, Justice &

Parliamentary Affairs & others … Respondents

For the petitioners: (CP 1/2002)

Mr. Hamid Khan, Sr. ASC Mr. M.A. Zafar, ASC Mr. Ejaz Ahmed Khan, AOR (absent).

For the petitioners: (CP 6/2002)

Mr. A.K. Dogar, ASC. Mr. S. Abdul Asim Jafri, AOR (absent).

For the petitioners: (CP 7/2002)

Mian AllahAllah The Holy god of Muhammad, who revealed the Quran to him. In pre-Islamic Arabian culture, he had two daughters. He is al-ilāh. Il, el, or Eloah (Elohim= King in Torah) are the Semitic names of Allah. Allah's tawḥīd, wāḥid and aḥad were revealed to his Rusul. Nawaz, ASC Mr. Mehmood-ul-Islam, AOR (absent).

For the petitioners: (CP 8/2002)

Dr. Farooq Hasan, ASC Rao Muhammad Nawaz Kharal, ASC

For the petitioners: (CP 12/2002)

Mr. Rashid A. Rizvi, ASC. Mr. M.A. Zaidi, AOR.

For the Federation

Mr. Abdul Hafeez Pirada, Sr. ASC. Mr. Abdul Mujeeb Pirzada, ASC. Mr. M.S. Khattak, AOR.

For Respondent No. 7 (C.P.1/2002)

Mr. K.M.A. Samdani, ASC. Ch. Akhtar Ali, AOR

For Respondent No. 9, 10 & 11 (C.P. 1/2002)

Mr. M. Jafar Hashmi, ASC. Mr. M. Ghani, ASC. Mr. Imtiaz Muhammad Khan, AOR.

On Court notice

Mr. Makhdoom Ali Khan, Attorney General for Pakistan. Mr. Maqbool Elahi malik, Advocate General, Punjab. Rao Muhammad Yusuf Khan, AOR.

Date of Hearing:

18, 19, 20 & 21st of March, 2002 1, 2, 3, 4, 5, 8 & 9th April 2002

O R D E R

For reasons to be recorded later in the detailed judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022), the above petitions are dismissed.

CHIEF JUSTICE

J.

J

J.

J

Islamabad, 10th April, 2002.