When judiciary encroaches upon the domain of Executive, it is said to commit judicial overreach-SC Pakistan 22/03/2021

When judiciary encroaches upon the domain of the Executive, as in this case, where the learned judge disregarded the eligibility criteria and the recruitment policy of the Executive Authority and assumed the function of the Executive, it is said to commit judicial overreach – which occurs when a court acts beyond its jurisdiction and interferes in areas which fall within the Executive and/or the Legislature’s mandate.

Pakistan SC distinguishes between judicial review, judicial activism, and judicial overreach-27/01/2021

One judge may accord greater significance to the need for change, while the other may accord greater significance to the need for certainty and status quo. Both types of judges act within the zone of law; neither invalidates the decision of another branch of the Government unless it deviates from law and is unconstitutional.

Judgment in Referendum Case-Pakistan Supreme Court- 27/4/2002

IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: Mr.Justice Sh.Riaz Ahmed, HCJ Mr.Justice Munir A.Sheikh Mr.Justice Iftikhar Muhammad Chaudhry Mr.Justice Qazi Muhammad Farooq Mr.Justice Mian Muhammad Ajmal Mr.Justice Syed Deedar Hussain Shah Mr.Justice Hamid Ali Mirza Mr.Justice Abdul Hameed…

Qazi Hussain Ahmed, Ameer Jamat-e-Islami vs Gen Pervaiz Musharaf, Chief Executive and Another-27/4/2002

We, therefore, hold that the Chief Executive’s Orders No. 2 and 3 of 2001 have been validly issued by the Chief Executive of Pakistan in exercise of his powers under the Proclamation of Emergency of the 14th day of October 1999 and the Provisional Constitution Order No. 1 of 1999 as validated by this Court in Syed Zafar Ali Shah's case. Consequently, these petitions qua the issuance of writ of quo warranto are dismissed.

All Pakistan Newspaper Society and others vs Federation of Pakistan and others-08/04/2004

Public importance-If the decision of the issues affects only the rights of an individual or a group of individuals. The issue in order to assume the character of public importance, must be such that its decision affects the rights and liberties of people at large. The adjective ‘public’ necessarily implies a thing belonging to people at large, the nation, the State or a community as a whole. Therefore, if a controversy is raised in which only a particular group of people is interested and the body of the people as a whole or the entire community has no interest, it cannot be treated as a case of public importance.

Mian Muhammad Shahbaz Sharif VS Federation of Pakistan through Secretary, Ministry of Interior-7/4/2004

Article 15 of the Constitution bestows a right on every citizen of Pakistan to enter or move freely throughout the country and to reside and settle in any part thereof. It is a settled proposition of law that the right…

Province of East Pakistan vs Md. Mehdi Ali Khan-09/09/1959

It is a common practice in the Dacca High Court, based on the practice of the Calcutta High Court while section 205 of the Government of India Act 1935, was in force, for a single Judge or a Division Bench, different from the ‘Appellate Court’, to grant a certificate in cases where a substantial question relating to the interpretation of the Constitution is raised and decided.

Supreme Court of Pakistan Quashed Reference filed by President of Pakistan against Justice Qazi Faez Isa-19/06/2020

One of our pivotal Constitutional values is that the independence of judiciary shall be fully secured. The same Constitution also ordains that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Therefore, it is reiterated that in our constitutional democracy, neither the petitioner judge, nor any other judge, or any individual or any institution, is above the law.