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Syed IQBAL HUSSAIN SHAH GILLANI vs PAKISTAN BAR COUNCIL through Secretary, Supreme Court Bar Building, Islamabad art — 2021 SCMR 425 SUPREME-COURT

Case information

Citation
2021 SCMR 425 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
Syed IQBAL HUSSAIN SHAH GILLANI vs PAKISTAN BAR COUNCIL through Secretary, Supreme Court Bar Building, Islamabad art
Subject matter
Constitutional
Provisions referred to
S. 11---C

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

Syed IQBAL HUSSAIN SHAH GILLANI VS PAKISTAN BAR COUNCIL through Secretary, Supreme Court Bar Building, Islamabad art. 199 & Pt. II, Chapt. 1---Constitutional jurisdiction of the High Court---Enforcement of Fundamental Rights under the Constitution---Scope---Fundamental Rights were by and large (very exceptional circumstances apart) enforceable against the State and not against private individuals. Citation Name: 2021 SCMR 425 SUPREME-COURTBookmark this Case Syed IQBAL HUSSAIN SHAH GILLANI VS PAKISTAN BAR COUNCIL through Secretary, Supreme Court Bar Building, Islamabad art. 199---Constitutional jurisdiction of the High Court---Scope---Exercise of jurisdiction under art. 199 of the Constitution by the High Court was equitable and discretionary in nature. Citation Name: 2021 SCMR 425 SUPREME-COURTBookmark this Case Syed IQBAL HUSSAIN SHAH GILLANI VS PAKISTAN BAR COUNCIL through Secretary, Supreme Court Bar Building, Islamabad S. 11---Constitution of Pakistan, Art. 199---Constitutional petition before the High Court challenging an order passed by the Executive Committee, Pakistan Bar Council ('the Bar Council')---Maintainability---Neither the Pakistan Bar Council nor any of its Committees were amenable to constitutional jurisdiction of the High Court. Citation Name: 2021 SCMR 425 SUPREME-COURTBookmark this Case Syed IQBAL HUSSAIN SHAH GILLANI VS PAKISTAN BAR COUNCIL through Secretary, Supreme Court Bar Building, Islamabad art. 199--- Constitutional petition before the High Court against an association/body---Maintainability---Constitutional petition was only maintainable if the association/body performed public functions in connection with the affairs of the Federation, Provinces or Local authority, as envisaged under art. 199 of the Constitution. Citation Name: 2021 SCMR 425 SUPREME-COURTBookmark this Case Syed IQBAL HUSSAIN SHAH GILLANI VS PAKISTAN BAR COUNCIL through Secretary, Supreme Court Bar Building, Islamabad art. 199--- Constitutional petition before the High Court---Maintainability---Matter involving a factual dispute requiring a factual inquiry and an evidential probe---Such matter could not be resolved in constitutional jurisdiction of the High Court under art. 199 of the Constitution. Citation Name: 2021 SCMR 425 SUPREME-COURTBookmark this Case Syed IQBAL HUSSAIN SHAH GILLANI VS PAKISTAN BAR COUNCIL through Secretary, Supreme Court Bar Building, Islamabad R. 1--- Constitution of Pakistan, Art. 199--- Constitutional petition before the High Court---Maintainability---Supreme Court Bar Association Pakistan (SCBAP)---Supreme Court Bar Association Pakistan was a non-statutory body, therefore, conditions or rules framed by this body would also be non-statutory rules and having no statutory backing---Accordingly, any violation of the Supreme Court Bar Association of Pakistan Rules, 1989 was not amenable to constitutional jurisdiction of the High Court under Art. 199 of the Constitution.

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