Sitting Panel: Before Saiduzzaman Siddiqui, Fazal Rahi Khan, Irshad Hasan Khan, Raja Afrasiab Khan, Nasir Aslam Zahid, Munawar Ahmad Mirza, Khalil-ur-Rehman Khan, Sh. Ijaz Nisar, Abdur Rehman Khan, and Sh. Riaz Ahmad, JJ

Summary:
These consolidated constitutional petitions challenged the appointment of Mr. Justice Sajjad Ali Shah as Chief Justice of Pakistan under Article 184(3) of the Constitution. The petitioners argued that his appointment violated the established principle of seniority, as three judges senior to him were superseded without valid reasons. The Supreme Court held that the right of access to an impartial and independent judiciary is a fundamental right guaranteed under Articles 9 and 25 of the Constitution. The Court reaffirmed that the most senior judge must be appointed as Chief Justice in the absence of concrete and valid reasons, following the precedent set in the Al-Jehad Trust case.

The Court declared the appointment of Mr. Justice Sajjad Ali Shah as wholly unconstitutional, illegal, and of no legal consequence. It ordered that he cease to hold the office of Chief Justice and revert to his position as a judge of the Supreme Court according to seniority. The Federal Government was directed to denotify his appointment and appoint the most senior judge, Mr. Justice Ajmal Mian, as Chief Justice of Pakistan. Furthermore, all orders passed by Mr. Justice Sajjad Ali Shah on or after 26-11-1997 were declared to be without lawful authority and of no legal effect, though his actions before this date were protected under the de facto doctrine.

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