Pakistan

G-B CM’s plea against PM’s orders returned

SC registrar lists seven objections for not entertaining the plea

Hasnaat Malik October 19, 2022

ISLAMABAD:

Supreme Court Registrar office has refused to entertain Gilgit-Baltistan (GB) chief minister's petition challenging the appointment of a judge as well as the extension given to three judges of the region’s chief court by the Pakistan government.

G-B Chief Minister Khalid Khursheed Khan filed a constitutional petition under Article 184(3) of the Constitution through senior lawyer Makhdoom Ali Khan and made federal government, governor G-B and newly-appointed Judge Chief Court Javed Ahmed respondents.

Prime Minister Shehbaz Sharif gave extension to three judges of the G-B Chief Court on September 16 following a summary moved by Governor GB Syed Mahdi Shah. However, the summary was initiated without consulting the chief minister.

SC Registrar office has returned the petition by raising seven objections.

SC office objects that the petition has not pointed out as to what questions of public importance are involved with reference to enforcement of any of the fundamental rights as to directly invoke jurisdiction of the Apex Court under Article 184(3) of the Constitution.

The office deemed the petition to be based on individual grievance and that it did not meet the required criteria to qualify for the prayed remedy.

The office further stated that the petitioner had not approached any other appropriate forum available under the law for the same relief and failed to provide any justification for not doing so.

The list further claims that the purpose of filing this petition is not clear.

“Misconceiving multifarious prayers have been made in one constitution petition,” the office objected.

Interestingly, Supreme Court Judge Justice Syed Mansoor Ali Shah had recently observed that the registrar office has no jurisdiction to decide the maintainability of a constitution petition, emphasising that the powers to decide the justifiability of legal and factual questions raised in petitions were vested in the court.