APNS Wage Award plea hearing continues
KARACHI – “Hearing of the Constitutional Petition filed by APNS in the Supreme Court of Pakistan, resumed today before the Bench consisting of Mr. justice Iftikhar Muhammad Chaudhry, Mr. Justice Sardar Muhammad Raza Khan and Mr. Justice Falak Sher. Senior Advocate Mr. Abdul Hafeez Pirzada assisted by Mr. Muhammad Afzal Siddiqui Advocate, resumed his arguments on the maintainability of a direct Constitutional Petition in the Supreme Court in its original jurisdiction under article 184(3) of the Constitution.
It may be recalled that the objection as to maintainability of a direct Petition in the Supreme Court has been raised by the Respondents on the plea that the Petition does not raise question of public importance. This situation arose because when the constitutional Petition was filed, it was initially returned by the Registrar on the plea that as per law declare in Zulfiqar Mehdi’s case only a Petition which raises a public question concerning the whole nation can be filed in the Supreme Court of Pakistan. Against this order of the Registrar of the Supreme Court, APNS had filed a Chamber Appeal under the Supreme Court Rules which was allowed by learned Judge in Chambers who set aside order of the Registrar and ordered that the Petition be entertained, registered and placed before the Court. It was contended by APNS counsel that the question of entertaining a Petition and its maintainability stands concluded not only by the order of Judge in Chamber on Chamber Appeal but is also settled through various precedents of the Supreme Court of Pakistan. Cases of Mian Nawaz Sharif, Benazir Bhutto and Dr. Mubasshir Hasan, were cited in supported of maintainability. Cases from the Indian Supreme Court were also cited wherein similar question arose and it was ruled by the Indian Supreme Court that any matter relating to Press is by itself a question of public importance. Mr. Pirzada referred to Constitutional provision relating to freedom of Press and referred to an earlier decision of the Supreme Court of Pakistan wherein the expression freedom of Press was elaborated. Mr. Pirzada also referred to case law from foreign jurisdictions and urged that indisputably questions of general public importance are raised in this case as well as those relating to fundamental rights of the Petitioners. It was contended that even Zulfiqar Mehdi’s case does not oust jurisdiction of the honourable Supreme Court and submitted that the Court always interprets law to extend jurisdiction of, the Court and not curtail it. The arguments remained inconclusive since the Court time was over and the hearing will resume on April 6 morning.”
Source: The Nation
Date:4/6/2004
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