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1998 SCMR 179

Syed IQBAL HAIDER vs FEDERATION OF PAKISTAN and others

Citation1998 SCMR 179
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No,35 of 1997Civil Miscellaneous Application No, 911
Date1997-12-02
Judge(s)Irshad Hasan Khan, Fazal Ilahi Khan, Raja Afrasiab Khan, Saeeduzzaman
ResultOrder accordingly

ORDER

1. SAIDUZZAMAN SIDDIQUI, J.---During the course of hearing of Constitution Petition No, 248-Q of 1997 and other connected matters, the learned Attorney-General for Pakistan stood and informed us that a 3 Members Bench presided over by the Hon'ble Cheif Justice (under restraint) has passed an order suspending the operation of 13th Amendment passed unanimously by the Parliament of Pakistan. We are sorry to say that in our order which was passed by 9 of us on 30-11-1997, declaring that any order passed by a Bench presided over by the Hon'ble Cheif Justice (under restraint) will not be given effect, the order has been made today. We have noted this with regret. We, accordingly, direct that it may be brought to the notice of the Federal Government and the President of Pakistan and all other functionaries of the Government that the order passed by the Bench comprising Hon'ble Chief Justice (under restraint) Mr. Justice Muhammad Bashir Jehangiri and Mr. Justice Ch. Muhammad Arif, has been stayed and will not be acted upon.

2. (Sd.)

3. Saiduzzaman Siddiqui, J.

4. (Sd.)

5. Fazal Ilahi Khan, J.

6. (Sd.)

7. Irshad Hasan Khan, J.

8. (Sd.)

9. Raja Afrasiab Khan, J.

10. (Sd.)

11. Nasir Aslam Zahid, J.

12. (Sd.)

13. Munawar Ahmad Mirza, J.

14. (Sd.)

15. Khalil-ur-Rehman Khan, J.

16. (Sd.)

17. Sh. Ijaz Nisar, J. (Sd.)

18. Abdur Rehman Khan, J.

19. (Sd.)

20. Sh. Riaz Ahmad, J.

Cited by 2 cases

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