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Petitioner: SINDH HIGH COURT BAR ASSOCIATION VS Respondent: FEDERATION OF PAKISTANHonorable Justice Iftikhar Muhammad Chaudhry
P L D 2010 Supreme Court 1161
P L D 2010 Supreme Court 1161
Present: Iftikhar Muhammad Chaudhry, C.J., Javed Iqbal, Mian Shakirullah Jan, Tassaduq Hussain Jillani, Nasir-ul-Mulk, Raja Fayyaz Ahmed, Muhammad Sair Ali, Mahmood Akhtar Shahid Siddiqui, Jawwad S. Khawaja, Anwar Zaheer Jamali, Khilji Arif Hussain, Rahmat Hussain Jafferi, Tariq Parvez Khan, Mian Saqib Nisar, Asif Saeed Khan Khosa, Ghulam Rabbani and Khalil-ur-Rehman Ramday, JJ
SINDH HIGH COURT BAR ASSOCIATION---Petitioner
Versus
FEDERATION OF PAKISTAN---Respondent
C.M.A. No.2981 of 2010 in Constitutional Petition No.9 of 2009, decided on 18th October, 2010.
(Reports alleging that Government is considering withdrawal of the Notification of Restoration of Judges dated 16-3-2009).
Proclamation of Emergency dated 3-11-2007---
----Provisional Constitution Order [1 of 2007], Preamble---Oath of Office (Judges) Order, 2007, Preamble---Constitution of Pakistan (1973), Arts.189 & 190---Civil Miscellaneous Application for bringing into the notice of the Supreme Court about the events going on for the last few days i.e. the reports published in print media and also aired on electronic media, that the Government of Pakistan was contemplating to withdraw notification/executive order dated 16-3-2009 restoring the Chief Justice of Pakistan and other Judges of the Supreme Court of Pakistan and Chief Justices and Judges of High Courts---Vide order dated 15-10-2010 of the Supreme Court (PLD 2010 SC 1151), while disposing of Civil Miscellaneous Application to the extent of the matter of withdrawal of executive order/notification vis-a-vis restoration of Judges dated 16-3-2009 final order was passed and directions were issued to the effect that all the constitutional and State functionaries and administrative heads in the country to ensure that no action qua initiation of proceedings concerning withdrawal of the executive order (order of "restoration of Judges") dated 16-3-2009, status whereof has already been determined by Supreme Court in its judgment in Sindh High Court Bar Association's case (PLD 2009 SC 789), is taken, intentionally or otherwise, by any of the functionaries as noted hereinabove, and all the constitutional and administrative heads/functionaries were restrained/refrained from doing so---Attorney General for Pakistan had stated that in compliance with the order of the Supreme Court dated 15-10-2010 whereby he was required to communicate immediately the said order to all concerned, he had served the same upon 105 constitutional and State functionaries and administrative heads and also had already sent the compliance report to the Registrar---Matter was postponed to enable the authorities/ functionaries to put up report and statements, if desired---As far as reference to the statement pertained to the denial issued by the Chief Executive/Prime Minister was concerned, although the matter was finally disposed of, but to know about the desire of the concerned functionaries, the matter was refixed---Attorney General for Pakistan had categorically stated that no one had desired to submit a statement---Held, as the case had been disposed of by a binding order in terms of Art. 189 read with Article 190 of the Constitution, therefore, it was up to the concerned authorities/functionaries to submit the statement or not.
Moulvi Anwarul Haq, Attorney General for Pakistan and Mushtaq Ahmed Malik, Chairman PEMRA (On Court notice).
Qazi Muhammad Anwar, Senior Advocate Supreme Court Bar Association; Sanaullah Zahid, Finance Secretay, Supreme Court Bar Association; Malik Ghulam Mustafa Kandwal, Member, Punjab Bar Council; Syed Zulfiqar Abbas Naqvi, President, High Court Rawalpindi Bench Bar Association, Hashmat Ali Habib, Advocate Supreme Court/Member, Executive Committee, Lahore High Court Bar Association; Malik Waheed Anjum, President, District Bar Association, Rawalpindi; Khan Muhammad and Raja Muhammad Anwarul Haq Advocates Supreme Court (Voluntary appeared).
Date of hearing: 18th October, 2010.
ORDER
IFTIKHAR MUHAMMAD CHAUDHRY, C J.---Vide order dated 15-10-2010 while disposing of C.M.A. to the extent of the matter of withdrawal of executive order/notification vis-a-vis restoration of Judges dated 16-3-2009 pronounced by this Court in Sindh High Court Bar Association's case (PLD 2010 SC 1151), final order was passed and in paragraph 8(1) of the order following directions were issued:--
"8. In the light of the above, we direct:
(i) All the constitutional and State functionaries and administrative heads in the country to ensure that no action qua initiation of proceedings concerned withdrawal of the executive order (order of "restoration of Judges") dated 16-3-2009, status whereof has already been determined by this Court in its judgment in Sindh High Court Bar Association's case (PLD 2009 SC 789), is taken, intentionally or otherwise, by any of the functionaries as noted hereinabove, and all the constitutional and administrative heads/functionaries were restrained/refrained from doing so."
2. The learned Attorney-General for Pakistan has stated that in compliance with the order of the Court dated 15-10-2010 whereby he was required to communicate immediately the said order to all concerned, he has served the same upon 105 constitutional and State functionaries and administrative heads and also has already sent the compliance report to the Registrar.
3. The matter was postponed to enable the authorities/functionaries to put up report and statements, if desired. As far as reference to the statement is concerned, it pertains to the denial issued by the Chief Executive/Prime Minister, although the matter was finally disposed of, but to know about the desire of the concerned functionaries, the matter was fixed for today. The learned Attorney-General for Pakistan has categorically stated that no one has desired to submit a statement. Be that as it may, as the case has been disposed of by a binding order in terms of Art. 189 read with Article 190 of the Constitution, as noted hereinabove, therefore, it is up to the concerned authorities/functionaries to submit the statement or not.
4. According to Paragraph 8(ii) of the order dated 15-10-2010, the Government of Pakistan/Prime Minister was required to conduct an inquiry through an appropriate responsible functionary that if the statement of the former that no such action was being contemplated was true, then how that news in the print and electronic media was spread, and who was responsible for it, the learned Attorney-General for Pakistan has submitted that a Committee comprising of the following persons has been constituted:--
1.
Mr. Hameed Haroon, President, All Pakistan Newspapers Society
Chairman
2.
Mr. Muhammad Aslam Kazi, Secretary General, Pakistan Broadcasters' Association.
Member
3.
Mr. Pervez Shoukat, President, Pakistan Federal Union of Journalists
Member
4.
Mr. Najibullah Khan, Joint Secretary, Ministry of Interior, Islamabad
Member
5.
Dr. Abdul Jabbar, Executive Member, PEMRA
Member
6.
Mr. Muhammad Azam, Director-General (IP) M/O Information and Broadcasting
Member
He further submitted that preliminary observations of the Committee of Inquiry serve as an interim report. Perusal of the observations indicates that in one of the paragraphs, appropriate expressions have not been used for which the Court has its reservations and it wants to make it clear that the judiciary believes in the rule of law and constitutionalism and is performing its duty, and shall continue to perform it in future as well, according to the Constitution. However, the Committee may remove such expression in due course of time.
5. The learned Attorney General for Pakistan has stated that as the Committee could not complete its deliberations, therefore, for submitting final report, further time be given. We concede to the request so made by him. Case is adjourned to a date in office. However, on receipt of the report from the Committee, if need be, matter shall be heard in Court.
(Sd.) Iftikhar Muhammad Chaudhry, CJ.
(Sd.) (Sd.) Javed Iqbal, J. Mian Shakirullah Jan, J. (Sd.) (Sd.) Tassaduq Hussain Jillani, J. Nasir-ul-Mulk, J. (Sd.) (Sd.) Raja Fayyaz Ahmed, J. Muhammad Sair Ali, J. (Sd.) (Sd.) Mahmood Akhtar Shahid Siddiqui, J. Jawwad S. Khawaja, J. (Sd.) (Sd.) Khilji Arif Hussain, J. Anwar Zaheer Jamali, J. (Sd.) (Sd.) Rahmat Hussain Jafferi, J. Tariq Parvez Khan, J. (Sd.) (Sd.) Mian Saqib Nisar, J. Asif Saeed Khan Khosa, J. (Sd.) (Sd.) Ghulam Rabbani, J. Khalil-ur-Rehman Ramday, J.
M. A. K./S-40/S Order accordingly.