Sitting Panel:

Saiduzzaman Siddiqui, Fazal Ilahi Khan, Irshad Hasan Khan, Raja Afrasiab Khan, Nasir Aslam Zahid, Munawar Ahmad Mirza, Khalil-ur-Rehman Khan, Sh. Ijaz Nisar, Abdur Rehman Khan, Sh. Riaz Ahmad, JJ

The Supreme Court of Pakistan heard constitutional petitions challenging the appointment of the Chief Justice of Pakistan, alleging a violation of the seniority principle and its impact on judicial independence and fundamental rights. The Court affirmed that petitioners, including lawyers, had the necessary locus standi to file under Article 184(3) of the Constitution, as the matter involved fundamental rights to access an independent judiciary. It reiterated the principle from the “Al-Jehad Trust” case that the senior-most Judge should generally be appointed as Chief Justice, and any deviation without concrete reasons infringes upon citizens’ rights to an independent judiciary.

Consequently, the appointment of the Chief Justice, who superseded three senior Judges without valid justification, was declared unconstitutional, illegal, and of no legal effect. The Court ordered the unconstitutionally appointed Chief Justice to revert to his position as a Judge based on seniority and directed the Federal Government to appoint the most senior Judge as the Chief Justice. Furthermore, all orders passed by the unconstitutionally appointed Chief Justice on or after November 26, 1997, were declared without lawful authority. The judgment also clarified the maintainability of quo warranto petitions against superior court Judges to challenge their personal qualification to hold office, and discussed the concept of a “Full Court” quorum and the liberal interpretation of Supreme Court Rules to ensure access to justice.

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