RAJA AMER KHAN vs FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Ministry of Law and Justice, Islamabad Ss — 2025 PLD 869 SUPREME-COURT

Case information

Citation: 2025 PLD 869 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: PLD
Parties: RAJA AMER KHAN vs FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Ministry of Law and Justice, Islamabad Ss
Subject matter: Constitutional

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

RAJA AMER KHAN VS FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Ministry of Law and Justice, Islamabad Ss. 2, 5(1), 5(2) & Preamble---Constitution of Pakistan, Arts. 184(3), 191 & Fourth Sched., Part 1, Entry No. 58---Supreme Court (Practice and Procedure) Act, 2023 ('the Act'), constitutionality of---Constitutional petitions before the Supreme Court challenging the constitutionality of the Act---By majority of 10 to 5, the Supreme Court (Practice and Procedure) Act, 2023 ('the Act') was upheld as being in accordance with the Constitution---However, His Lordship declared that section 5 of the Act had been enacted by Parliament beyond its ordinary legislative power conferred on it under the Constitution; that section 5 of the Act was, therefore, ultra vires the Constitution, and thus of no legal effect---His Lordship also observed that section 2 of the Act had expanded the scope of regulating the practice and procedure of the Court to "every cause, appeal or matter" before the Court, which was rather excessive, therefore, the Federal Government was urged to move Parliament to reconsider section 2 of the Act---Detailed reasons stated.

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