The Supreme Court in its judgment held that the Registrar of the Supreme Court has no power to decide whether a petition or appeal is hearab...
The Supreme Court in its judgment held that the Registrar of the Supreme Court has no power to decide whether a petition or appeal is hearable or not under the rules.
Justice Syed Mansoor Ali Shah said in a four-page order that 'the question of admissibility of an application or appeal is a question of justice which calls for decision and thus it is only the prerogative of the court. To use his judicial authority.
The said order came on a chamber appeal filed by Muhammad Ahsan Abid against a then federal and a provincial minister, which was returned by the registrar on March 22 last year when the PTI came to power. I was.
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Those two ministers were Federal Industry Minister Makhdoom Khusro Bakhtiar and Punjab Finance Minister Hashim Jawan Bakht.
Justice Mansoor Ali Shah ordered the judicial office to immediately set aside the petitions for disqualification of the members of the National and Provincial Assemblies on the basis of concealment of assets for hearing by the Supreme Court.
Important petitions filed under Article 63A(5) of the Constitution were returned as inadmissible by the Judicial Office on the ground that an appeal under the Article can only be filed against the Election Commission of Pakistan on the defection of a Member of Parliament or a Provincial Assembly. An appeal can be filed against the decision.
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The Supreme Court judge explained that under Article 191 of the Constitution, the Supreme Court can make rules regulating the practice and procedure of the court.
He said that these rules merely regulate the process and procedure of the court and thus their role is merely administrative in nature.
The court added that the rules empower the registrar to ensure that the form and presentation of applications or appeals are in order, but there is an exception to the rules whereby the registrar can decide certain applications in pending cases. Has the authority to do so.
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Justice Mansoor Ali Shah further said that this power is apparently procedural and prima facie does not affect the jurisdiction of the Supreme Court to decide substantive justiciable issues presented by petitions or appeals.
He said that in the case under consideration, the Registrar had decided that appeals under Article 63A (5) were not hearable. But the Registrar has no power to decide whether the application is maintainable or not.
Justice Mansoor Ali Shah further said that even the judge hearing the administrative appeal against the administrative order of the Registrar cannot decide whether the appeals are admissible or not.
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