While we were in the mids of arguments on Constitution Petition No. 248-Q of 1997 in which the question of validity of the appointment of Honourable Chief justice of Pakistan, Mr. Justice Sajjad Ali Shah is in question, we were informed by the learned Attorney General that another Bench of this Court comprising Mr. Justice Sajjad Ali Shah, the Honourable Chief Justice (under restraint), Mr. Justice Muhammad Bashir Jehangiri and Mr. Justice Muhammad Arif has passed an order suspending 13th amendment in C.P. No. 35 of 1997. We are sorry to note that order the orders of Quetta Bench of this Court passed in C.P. No. 248-Q/1997 on 8- 11-1997, a very specific order was made that during the pendency of the petition, Honourable Chief Justice (Mr. Justice Sajjad Ali Shah) shall not perform any judicial or administrative functions. We adopt and re-affirm the said order and accordingly direct the Federal Government as well as the President of Pakistan to take an immediate order under Article 180 of the Constitution appointing Mr. Justice Ajmal Mian the senior most Judge of this Court as Acting Chief Justice of Pakistan. In the meantime as this appointment is likely, to take some the, we further direct that pending appointment of Acting Chief Justice, Mr. Justice Ajmal Mian, the senior most Judge of this Court will discharge administrative as well as judicial functions of Chief Justice of this Court including the Constitution of the benches. The office is directed that no further order constituting the Benches should taken from the Hon'ble Chief Justice (under restraint). Such orders and other oders regrading day to day working and administration of Court shall be obtained from Mr. Justice Ajmal Mian until appointment of Acting Chief Justice.
2. A copy of this order, shall be sent to the Federal Government as well as the President by fax today, for compliance.