Plea urges SC for open and fair bench criteria

Barrister Zafarullah Khan, a member of the PML-N, has approached the Supreme Court seeking an appropriate order regarding the proper exercise of the court’s original constitutional jurisdiction under Article 184 (3).

Moving a constitutional petition, Khan has requested the court to pass judgment and issue appropriate orders with regard to objective, just, fair, and transparent criteria for the constitution of benches and objective and fair guidelines for hearing of cases in the superior courts.

“[The court may also issue] objective and fair criteria and procedure for the appointment of the judges in superior courts; comprehensive guidelines for observations made during the hearings of cases; [guidelines for] recruitment of the staff in the superior Courts through Public Service Commissions; and any other relief that the [SC] deems fit in its collective wisdom,” the petition says.

The petitioner states that he is invoking the original jurisdiction of this court under Article 184 (3) of the Constitution for enforcement of fundamental rights germane to administration of justice.

“Since this is a question of utmost public importance and the most issues highlighted relating to the dispensation of justice pertain to this august court; therefore, the instant petition is being directly filed before this august court, instead of invoking Article 199 of the Constitution.”

It says the issues raised in the petition have resulted in inordinate delay in adjudication of cases by the superior courts diminishing the fundamental right to justice.

The petition says the issues raised have affected the right that justice must be seen to be done. These have eroded the confidence of the public in this august court that is extremely damaging for the whole edifice of the justice architecture in Pakistan.

“The issues raised in this petition have direct bearing on enforcement of fundamental rights guaranteed under Articles 2A, 3, 4, 9, 10 A, 14, 17, 18, 19, 23 and 25 of the Constitution in addition to its direct impact on chapters of the Constitution dealing the Executive, Legislature and Judiciary.”

"It states that the court's jurisdiction has been exercised without a fully developed criterion, leading to criticism from scholars, research institutions, and bars both within and outside Pakistan."

“It has been exercised for a case of a bottle of alcohol, construction of dams and ousting an elected prime minister. The unwanted exercise under this extraordinary power has resulted in serious economic and political implications.”

“It is therefore submitted that this august court may consider that the exercise of this extraordinary jurisdiction needs utmost care as there is no appeal available despite the admitted fact that all humans are fallible. It shall result in extraordinary responsibility and humility,” it adds.