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JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN arts — 2021 PLD 1 SUPREME-COURT

Case information

Citation
2021 PLD 1 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
PLD
Parties
JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN arts

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 48(1) &209(5)---Rules of Business, 1973, Sched. V-B---Presidential reference against a judge of the Superior Court sent to the Supreme Judicial Council---advice of Prime Minister received by the President---Scope---In the filing of a reference the President was bound to act on the advice of the Prime Minister and not the Cabinet---If the reference was substantive, cogent, coherent, rational and lawful, then the President simply had to record his assent, and there was no additional obligation on him to set out his separate reasons---However, if the reference was defective factually and/or legally then the President must state his reasons for disagreement and call for reconsideration of the matter by the Prime Minister in the light of those reasons---If the President subsequently disagreed even with the reconsidered advice, then he was bound by art. 48(1) to endorse the said advice leaving it for the Supreme Judicial Council to analyse the merits of the reference sent by the President.

Other judgments reported in 2021 PLD

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