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, Art. 184(3)---Supreme Court (Practice and Procedure) Act, 2023 ('the Act'), constitutionality of---Constitutional petitions before the Supreme Court challenging the constitutionality of the Act---Maintainability---In essence, the petitioners through these petitions seek to preserve and protect the independence of the judiciary, which undoubtedly, is beyond the realm of their private or individual concerns, and most certainly covers a more general or wider sphere, spanning the entire society and affecting the public at large---Thus, the present petitions do relate to an issue of 'public importance'---Scope of taking cognizance of a matter by the Supreme Court in its original jurisdiction under Article 184(3) of the Constitution is much wider and can also be invoked, even if there is no infringement of any fundamental right, but what is essential is that the matter raised in the challenge before the Court relates to ensuring that the fundamental rights of the citizens and/or persons, provided under the Constitution, are effectively exercised---Given this aspect of the jurisdiction that can be invoked under Article 184(3) of the Constitution, the present petitions, fulfill both the conditions precedent for invoking the original jurisdiction of the Supreme Court---Accordingly, objection regarding maintainability of present petitions is repelled.

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