2024 PLD 251 SUPREME-COURT

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

VS arts. 10-a & 184(3)---Supreme Court Rules, 1980, O.XXV---Supreme Court (Practice and Procedure) act (XVII of 2023), S. 2(1)---Complaint filed in Human Rights Cell of the Supreme Court---Scope---Orders passed by the Chief Justice in his chambers on such complaint---Legality---[Per Qazi Faez Isa, CJ. : Neither can the Chief Justice nor any Judge in Chamber alone can pass an order beyond what is provided for in the Supreme Court Rules, 1980---Therefore, the proceedings that the former Chief Justice undertook (in his chamber) with regard to the present matter, were not legal proceedings, and were of no legal effect---Human Rights Cell (of the Supreme Court) can only consider the complaints it receives, and if the same meet the test of article 184(3) of the Constitution, that is, the matter is one of public importance with reference to enforcement of any of the Fundamental Rights put it up for consideration of the Chief Justice, and the Chief Justice in Chamber could only direct that it be numbered and put up for consideration in Court---However, since the promulgation of the Supreme Court (Practice and Procedure) act, 2023 ('the act') the Chief Justice has lost even this power as now the Committee, under section 2(1) of the act, comprising of the Chief Justice and the next two senior Judges, will determine whether the matter should be numbered and fixed in Court for hearing]---[Per athar Minallah, J.: Human Rights Cell ('Cell') of the Supreme Court set up in the Supreme Court building in 2005 was not established under any law, nor did its proceedings, held by the Chief Justice in his Chambers, or orders/directions and letters issued to public bodies and organisations have any legal backing---Orders, directions and letters in the name of the Supreme Court create a wrongful impression of being judicial---Summons issued to parties and the proceedings held in the Chamber of the Chief Justice or a meeting room, rather than in open Court, are likely to infringe the right to a fair trial and due process---Human Rights Cell ('Cell') is bereft of jurisdiction or power to, directly or indirectly, perform any functions or exercise purported powers which are judicial in nature or may affect the rights of the parties in any manner---Only function that the Cell may perform is to receive representations, letters or correspondence from the general public and then place them before the Chief Justice to be dealt with under the Supreme Court Rules, 1980---any proceedings undertaken or held by the Chief Justice or the Director General of the Cell and summons, orders, directions or letters issued pursuant thereto are declared as illegal and ultra vires the Constitution---Registrar of the Supreme Court may, therefore, restrain the Cell from undertaking any activity, proceedings or to issue summons, orders, directions and letters having no legal backing].

Case information

Judgment text as reported

Other judgments reported in 2024 PLD