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CONSTITUTION PETITION NO. 65 of 2014

Dated: 15-August-2014

IN THE SUPREME COURT OF PAKISTAN
            (ORIGINAL JURISDICTION)
 
 
                                                PRESENT
                                                MR. JUSTICE NASIR-UL-MULK, HCJ
                                                MR. JUSTICE JAWWAD S. KHAWAJA
                                                MR. JUSTICE ASIF SAEED KHAN KHOSA
                                                MR. JUSTICE MUSHIR ALAM
 
 
CONSTITUTION PETITION NO. 65 OF 2014
(Petition under Atricle 184(3) of the Constitution of Islamic Republic of Pakistan )
 
 
Kamran Murtaza                                                                                 Petitioner
 
                                                Versus
 
Federation of Pakistan                                                                     Respondent
 
For the Petitioner:                   In Person
 
For the Federation:                 Mr. Salman Aslam Butt,
                                                Attorney General for Pakistan
 
Date of Hearing:                     15.08.2014
 
                                                ORDER
 
                        NASIR-UL-MULK, CJ.-  This petition under Article 184(3) has been filed by Mr. Kamran Murtaza, President, Supreme Court Bar Association. It has inter alia been contended by the petitioner appearing in person that some sections of the society maintain that the general elections held in the country last year were not free and fair and sanctity of ballot had been violated in those elections undermining the democratic foundations of the Republic; that such claimed denial of political justice contemplated by the Objectives Resolution and Article 2A read with Article 17 of the Constitution is an issue which is currently engaging the public at large and the same has led to agitation in the country on a large scale. It has been maintained by him that in the handling of such agitation large scale violations of the citizens’ fundamental rights under Articles 9, 14, 15, 16, 23 and 24 of the Constitution are taking place and in this regard he has referred to killing of a number of persons including police officials, unauthorized seizing of containers of private persons or commercial enterprises by the police for its own use and restrictions placed upon the citizens’ freedoms regarding movement and unarmed peaceful assembly. He has further submitted that in view of the protest marches of the agitating political parties and others in and towards the capital city of Pakistan , the daily lives of the residents of that city are in peril and the democratic constitutional dispensation in the country is in jeopardy. The petitioner has maintained that the political standoff or impasse created by the situation is adversely affecting all spheres of national life and that such situation may prompt or embolden some authorities or functionaries to take undue advantage of the situation and to resort to some unconstitutional measures. According to him this Court being at the apex of the dispute resolution mechanisms in the country and having the requisite jurisdiction to enforce fundamental rights of the citizens under Article 184(3) of the Constitution and also possessing the power under Article 187(1) of the Constitution to issue such directions or orders as may be necessary for doing complete justice in any case or matter should intervene in the matter so that the relevant issues may be resolved within the framework of the Constitution and the law and the democratic polity and dispensation of the republic is not dislodged or derailed.
2.                     The contentions of the petitioner noted above require consideration. Let a notice of this petition be issued to the respondent and to the learned Attorney-General for Pakistan under Order XXVII-A Rule1, CPC for 18.08.2014. In the meanwhile all the State authorities and functionaries are directed to act only in accordance with the Constitution and the law who shall be guided by the principles of Constitution and Law enunciated in the case of Sindh High Court Bar Association v Federation of Pakistan (PLD 2009 SC 897) and they are restrained from acting in any manner unwarranted by the Constitution and the law.        
Chief Justice
 
Judge
 
Judge
 
Judge
Islamabad
August 15, 2014
 

                                    “NOT APPROVED FOR REPORTING”    

 
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