View source for Supreme Court of Pakistan

{{short description|Highest authority court of Pakistan}}
{{Use Pakistani English|date=February 2017}}
{{Use dmy dates|date=April 2020}}
{{Infobox high court
| court_name = Supreme Court of Pakistan
| native_name = {{Nastaliq|عدالتِ عظمیٰ پاکستان}}
| image = Emblem of the Supreme Court of Pakistan.svg
| imagesize = 150px
| caption = Emblem of the Supreme Court of Pakistan
| image2 = [[File:Flag of the Supreme Court of Pakistan.svg|200px]]
| caption2 = Flag of the Supreme Court of Pakistan
| motto = فَاحْكُمْ بَيْنَ النَّاسِ بِالْحَقِّ<br />"So judge between the people in truth" <br />([[Quran]] [http://corpus.quran.com/wordbyword.jsp?chapter=38&verse=26 38:26])
| established = {{Start date and age|df=yes|1947|08|14}}
| dissolved = <!-- year -->
| jurisdiction = [[Civil law (common law)|Civil]], [[Criminal law|criminal]], and advisory
| location = [[Red Zone (Islamabad)|Red Zone]], [[Islamabad]], Pakistan
| coordinates = {{Coord|33|43|41|N|73|05|55|E|type:landmark_region:PK|display=inline,title}}
| type = [[Judicial Commission of Pakistan]]
| authority = [[Constitution of Pakistan]]
| appealsto = [[President of Pakistan]] for [[Clemency]]/[[Commutation of sentence]]
| appealsfrom = [[High courts of Pakistan|High Courts of Pakistan]]
| terms = Compulsory retirement at 65 years of [[Ageing|age]]
| positions = [[#Chief Justice of Pakistan and justices|25
]]
| budget = <!-- amount of annual budget -->
| website = [http://www.supremecourt.gov.pk www.supremecourt.gov.pk]
| chiefjudgetitle = [[Chief Justice of Pakistan]]
| chiefjudgename = [[Yahya Afridi]]
| termstart = 26 October 2024
| termend = <!-- year term for current chief as chief ends, if applicable --> 25 October 2027
}}
[[File:Supreme Court of Pakistan, Islamabad by Usman Ghani.jpg|thumb|250px|[[Supreme Court of Pakistan Building|Supreme Court of Pakistan Building, Islamabad.]]]]

The '''Supreme Court of Pakistan''' ({{abbr.}} '''SCP'''; {{langx|ur|{{Nastaliq|عدالتِ عظمیٰ پاکستان}}|'Adālat-e-'Uzmā Pākistān|engvar=in}}) is the supreme [[Judiciary of Pakistan|judicial authority]] and the [[apex court]] of the [[Pakistan|Islamic Republic of Pakistan]].<ref name="auto">{{cite web|url=http://www.pakistani.org/pakistan/constitution/part7.ch2.html|title=Chapter 2: "The Supreme Court of Pakistan." of Part VII: "The Judicature"|website=pakistani.org|access-date=11 May 2018|url-status=live|archive-url=https://web.archive.org/web/20171022041340/http://www.pakistani.org/pakistan/constitution/part7.ch2.html|archive-date=22 October 2017}}</ref>

Established in accordance with [http://www.pakistani.org/pakistan/constitution/part7.ch1.html Part VII] of the [[Constitution of Pakistan]], it has ultimate and extensive [[appellate jurisdiction|appellate]], [[original jurisdiction|original]], and [[advisory jurisdictions]] on all [[Court system of Pakistan|courts]] (including the [[High Courts of Pakistan|high courts]], [[District Courts of Pakistan|district]], [[Anti Terrorism Court of Pakistan|special]] and [[Federal Shariat Court of Pakistan|Shariat court]]), involving issues of [[laws]] and may act on the verdicts rendered on the cases in context in which it enjoys jurisdiction. In the [[court system of Pakistan]], the Supreme Court is the final [[Arbitral tribunal|arbiter]] of legal disputes and was the final interpreter of [[Law of Pakistan|constitutional law]] until the [[Twenty-seventh Amendment to the Constitution of Pakistan|Twenty-seventh Amendment]] created the [[Federal Constitutional Court of Pakistan]], and the highest court of appeal in Pakistan.

Currently, the Supreme Court is incorporated of [[Chief Justice of Pakistan]], [[List of Justices of the Supreme Court of Pakistan|seventeen justices]], and two  ad-hoc appointments for Shariat Appellate Bench. Once appointed, justices are expected to complete a designated term and then retire at 65 years old, unless their term is terminated through resignation or impeachment by the supreme judicial committee resulted in a presidential reference in regards to the misconduct of judge(s). In their [[discourse]] [[judgement]], the justices are often categorised as having the [[Conservatism in Pakistan|conservative]], [[Textualism|textual]], [[Socialism in Pakistan|moderate]], and [[Enlightened moderation|liberal]] [[Philosophy of law|philosophies of law]] in their judicial [[Jurisprudence|interpretation]] of law and judgements.{{rp|1915}}<ref name="Simon and Schuster, Ali">{{cite book|last1=Ali|first1=Tariq|title=The Duel: Pakistan on the Flight Path of American Power|date=2012|publisher=Simon and Schuster|location=London [uk]|isbn=9781471105883|url=https://books.google.com/books?id=SELWCgBjYSwC&pg=PA1915|language=en}}</ref>{{rp|436}}<ref name="Cambridge University Press, Ramraj">{{cite book|last1=Ramraj|first1=Victor V.|last2=Thiruvengadam|first2=Arun K.|last3=Lombardi|first3=Kevin|title=Emergency powers in Asia : exploring the limits of legality|date=2010|publisher=Cambridge University Press|location=Cambridge [U.K.]|isbn=9780521768900|pages=500|edition=1. publ.|chapter-url=https://books.google.com/books?id=m8RQZk8BpvkC&pg=PA436|language=en|chapter-format=google books|chapter=Islamism as a response to emergency rule in Pakistan}}</ref>

The Supreme Court has a permanent seat in [[Islamabad]] and meets at the [[Supreme Court of Pakistan Building|Supreme Court Building]] at the [[Red Zone (Islamabad)|Red Zone]].<ref name="Supreme Court of Pakistan Press" />

==History==
[[File:Supreme_Court_of_Pakistan_illuminated_on_14_August_2018.jpg|thumb|Supreme Court of Pakistan in night's view]]
{{Supreme Court of Pakistan}}
{{main|History of the Supreme Court of Pakistan|British heritage of Pakistan|Supreme Court Bar Association of Pakistan}}

In 1861, the [[British Rule of India|British government]] in [[British India|India]] enacted the [[Indian High Courts Act 1861|Indian High Courts Act]] that created the [[High Courts of Pakistan|high courts]] in all over the [[Indian subcontinent]] in [[Presidencies and provinces of British India|various provinces]] while abolishing the supreme courts [[Calcutta]], [[Bombay]], [[Madras]], [[Lahore]], and also the [[Panchayati raj|''Panchayati'' system]] in autonomous [[Presidencies of British India|presidencies]].{{rp|234}}<ref name="Allied Publishers in collaboration with National University of Juridical Sciences, Menon">{{cite book|last1=Menon|first1=general editor N.R. Madhava|title=Criminal justice India series|date=2002|publisher=Allied Publishers in collaboration with National University of Juridical Sciences|location=Ahmedabad|isbn=9788177644906|page=234|edition=1|chapter-url=https://books.google.com/books?id=K7NLxvbWDXYC&pg=PA234|chapter=Punjab, 2002}}</ref>

Until the enactment of the [[Government of India Act 1935]] in [[1935 in India|1935]] that created the [[Federal Court of India|Federal Court]], these new high courts had the distinctionary powers of being the highest Courts for all cases.{{rp|235–236}}<ref name="Allied Publishers in collaboration with National University of Juridical Sciences, Menon"/> The [[Federal Court of India|Federal Court]] had wide range of jurisdictions to resolve disputes between the provinces, presidencies, and the [[Government of India Act 1935]], often hearing appeals against judgements of the High Courts.{{rp|44–50}}<ref name="Cambridge University Press, Newberg">{{cite book|last1=Newberg|first1=Paula R.|title=Judging the state : courts and constitutional politics in Pakistan|date=2002|publisher=Cambridge University Press|location=Cambridge|isbn=9780521894401|page=45|edition=1st paperback|chapter-url=https://books.google.com/books?id=PbSeGQO3xdsC&pg=PA45|chapter=Constituting the State (1947–1958)}}</ref>

After the [[partition of India]] in 1947, the [[Federal Court of India|Federal Court]] was also partitioned between [[India and Pakistan]] as Justice [[H. J. Kania|Sir Harilal Kania]] became the first [[Chief Justice of India]] and Justice [[Abdul Rashid (judge)|Sir Abdul Rashid]] becoming the first [[Chief Justice of Pakistan]].{{rp|294}}<ref name="Oxford University Press, Grote">{{cite book|last1=Grote|first1=Rainer|last2=Rider|first2=Tilmann|title=Constitutionalism in Islamic Countries: Between Upheaval and Continuity|date=2012|publisher=Oxford University Press|location=Oxford, uk|isbn=9780199910168|pages=720|edition=1|chapter-url=https://books.google.com/books?id=PJBpAgAAQBAJ&pg=PA294|access-date=7 February 2017|language=en|chapter-format=googlebooks|chapter=III: The Supreme Court of Pakistan}}</ref>

While the tradition of [[Barrister|British law culture]] continues to remain an integral part of the judiciary, the modern existence of the Supreme Court of Pakistan came when the [[Constitution of Pakistan of 1956|first set]] of the [[Constitution of Pakistan]] was promulgated on 23 March 1956.{{rp|10–11}}<ref name="Supreme Court of Pakistan Press, history">{{cite web |title=Post-Independence Evolution|url=http://www.supremecourt.gov.pk/web/user_files/File/thejudicialsystemofPakistan.pdf|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan Press |access-date=8 February 2017|location=Islamabad, Pakistan|pages=34|year=2015|url-status=live|archive-url=https://web.archive.org/web/20170206120305/http://www.supremecourt.gov.pk/web/user_files/File/thejudicialsystemofPakistan.pdf|archive-date=6 February 2017}}</ref>{{rp|24–26}}<ref name="Pakistan Publications, GoP">{{cite book|last1=GoP|first1=Government of Pakistan|title=Pakistan:1955–1956|date=1956|publisher=Pakistan Publications|location=Karachi, Pakistan|pages=363|edition=1|url=https://books.google.com/books?id=6VIdAQAAMAAJ|language=en}}</ref> The ratification of the [[Constitution of Pakistan]] reestablished the Supreme Court in 1956, replacing the name "Federal Court" to "Supreme Court", initially had its seat in [[Karachi]] where the [[Sindh High Court]] exists now.<ref name="Supreme Court of Pakistan Press">{{cite web |title=History of Supreme Court of Pakistan|url=http://www.supremecourt.gov.pk/web/page.asp?id=113|website=supremecourt.gov.pk|publisher=[[Supreme Court of Pakistan Press]]|access-date=7 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170201233135/http://www.supremecourt.gov.pk/web/page.asp?id=113|archive-date=1 February 2017}}</ref> In successive years, the Supreme Court was moved to [[Lahore High Court]] until the Supreme Court was permanently moved into its new building constructed in [[Islamabad]] in 1964.<ref name="Supreme Court of Pakistan Press"/>

==Constitutional composition==
===Constitution of the court===

Although the Supreme Court was established pursuant to the [[Government of India Act 1935]], the modern structure of the court was reestablished by the [[Constitution of Pakistan of 1956|second set]] in 1956, and restructured by the [[Constitution of Pakistan]] in 1973 where a significant part of the [[Constitution]] is dedicated towards the restructuring of the Supreme Court.<ref name="Supreme Court of Pakistan Press, history" />

The Part VII of the [[Constitution of Pakistan|Constitution]], ranges from articles 176 through 191, deals with the powers, composition, rules, and responsibilities of the Supreme Court.<ref>{{cite web|url=http://www.pakistani.org/pakistan/constitution/part7.ch1.html|title=Chapter 1: "The Courts." of Part VII: "The Judicature"|website=pakistani.org|access-date=11 May 2018|url-status=live|archive-url=https://web.archive.org/web/20180511203704/http://www.pakistani.org/pakistan/constitution/part7.ch1.html|archive-date=11 May 2018}}</ref>

These articles concern:
* Article 176 – Composition of the Court
* Article 177 – Appointment and qualifications of the Chief Justice
* Article 178 – Oath of office
* Article 179 – Retirement
* Article 180 – Vacancy, absence, or inability of the Chief Justice
* Article 181 – Vacancy, absence, or inability of other justices
* Article 182 – Ad hoc appointments of justices
* Article 183 – Location of Court
* Article 184 – Jurisdiction in a dispute between two or more governments
* Article 185 – Jurisdiction to hear and determine appeals
* Article 186 – If requested, advise the President on important matters of law
* Article 186A – Authority to transfer venue
* Article 187 – Orders and subpoenas
* Article 188 – Power to review its own judgements and orders
* Article 189 – Binding nature of Supreme Court's decisions on all other Pakistani Courts
* Article 190 – All executive and judicial authorities in Pakistan bound to aid the Supreme Court

===Size of Court===
The Part VII of the [[Constitution of Pakistan]] reconstituted the composition of Supreme Court and the [[High Courts of Pakistan|high courts]] but it does not specify the number of justices to be served in the Supreme Court.<ref name="pakistani.org Part VIII">{{cite web |title=Part VIII of the Constitution of Pakistan|url=http://www.pakistani.org/pakistan/constitution/part7.ch1.html|website=pakistani.org|access-date=7 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170211192721/http://www.pakistani.org/pakistan/constitution/part7.ch1.html|archive-date=11 February 2017}}</ref> Qualifications to be served as a supreme court justice are strictly imposed that are based on merit, personal intellectualism, and experiences as a judge in the high courts.<ref>[http://www.pakistani.org/pakistan/constitution/part7.ch1.html Article 175A(1)-Article 175A(7)] {{webarchive|url=https://web.archive.org/web/20170816192224/http://www.pakistani.org/pakistan/constitution/part7.ch1.html |date=16 August 2017 }} in the Chapter 1: The Courts. of Part VII: The Judicature in the [[Constitution of Pakistan]].</ref>

In 1947, the Supreme Court consisted of a [[Chief Justice]] and six senior judges from [[Sindh High Court|Sindh]], [[Lahore High Court|Punjab]], [[Peshawar High Court|NWFP]], [[Balochistan High Court|Balochistan]], and [[Dhaka High Court|East Bengal]].{{rp|94–95}}<ref name="Excepts from PIIA">{{cite book|title=Pakistan Horizon|date=1947|publisher=Pakistan Institute of International Affairs.|url=https://books.google.com/books?id=wuVtAAAAMAAJ&q=six+judges|access-date=7 February 2017|language=en}}</ref> Over the several successive years, the work of the Court increased and cases began to accumulate, leading the Supreme Court requesting the [[Parliament of Pakistan|Parliament]] to increase the number of judges.<ref name="Supreme Court of Pakistan Press" /> As the number of the justices has increased, they sit in smaller benches of two or three (referred to as a ''[[division bench]]''<ref name="Pakistan Tribune">{{cite news|title=SC grants bail to AKD Securities' officials in EOBI scam|url=http://www.pakistantoday.com.pk/2016/05/19/sc-grants-bail-to-akd-securities-officials-in-eobi-scam/|access-date=8 February 2017|work=Pakistan Tribune|url-status=live|archive-url=https://web.archive.org/web/20170212091023/http://www.pakistantoday.com.pk/2016/05/19/sc-grants-bail-to-akd-securities-officials-in-eobi-scam/|archive-date=12 February 2017}}</ref>), however, coming together in larger benches of five or more (referred to as a constitution bench) when required to settle fundamental questions of law.{{rp|16–17}}<ref name="Supreme Court of Pakistan Press, history" /><ref>{{cite web|title=SC CONSTITUTES FIVE MEMBER LARGER BENCH|url=http://www.supremecourt.gov.pk/web/page.asp?id=1879|website=supremecourt.gov.pk|access-date=8 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170205182943/http://www.supremecourt.gov.pk/web/page.asp?id=1879|archive-date=5 February 2017}}</ref>

===Eligibility, nomination and confirmation===

The nomination of justices in the Supreme Court comes from an executive selection made by the [[Prime Minister of Pakistan|Prime Minister]] based on judges' merited qualifications, personal intellectualism, and experiences as judge in high courts.<ref name="Dawn Newspapers, Usto">{{cite news|last1=Usto|first1=Shahab|title=Appointment of judges|url=http://www.dawn.com/news/1262558|access-date=8 February 2017|work=Dawn|location=Pakistan|publisher=Dawn Newspapers, Usto|date=4 June 2016|url-status=live|archive-url=https://web.archive.org/web/20170211080433/http://www.dawn.com/news/1262558|archive-date=11 February 2017}}</ref> The [[President of Pakistan|President]] then confirms the nomination summary and eventually appoints the [[Chief Justice]] and judges in the Supreme Court.<ref name="Dawn Newspapers, Raza">{{cite news|last1=Raza|first1=Syed Irfan|title=President approves appointment of Justice Khawaja as CJP|url=http://www.dawn.com/news/1198650|access-date=8 February 2017|work=Dawn|location=Pakistan|date=6 August 2015|url-status=live|archive-url=https://web.archive.org/web/20170211075531/http://www.dawn.com/news/1198650|archive-date=11 February 2017}}</ref>

The Constitution states that a nominee is not eligible unless they are:

*A [[Pakistani citizenship|citizen of Pakistan]]<ref name="Article 1772">[http://www.pakistani.org/pakistan/constitution/part7.ch2.html#400 Article 177(2)] {{webarchive|url=https://web.archive.org/web/20130708075454/http://www.pakistani.org/pakistan/constitution/part7.ch2.html |date=8 July 2013 }} in Chapter 2: The Supreme Court of Pakistan in Part VII: The Judicature of Constitution of Pakistan</ref> who:
**has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or<ref>[http://www.pakistani.org/pakistan/constitution/part7.ch2.html#400 Article 177(2)(a)] {{webarchive|url=https://web.archive.org/web/20130708075454/http://www.pakistani.org/pakistan/constitution/part7.ch2.html |date=8 July 2013 }} in Chapter 2: The Supreme Court of Pakistan in Part VII: The Judicature of Constitution of Pakistan</ref>
**has for a period of, or for periods aggregating not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).<ref name="auto1">{{cite web|url=http://www.pakistani.org/pakistan/constitution/part7.ch2.html#400|title=Chapter 2: "The Supreme Court of Pakistan." of Part VII: "The Judicature"|website=pakistani.org|access-date=11 May 2018|url-status=live|archive-url=https://web.archive.org/web/20171022041340/http://www.pakistani.org/pakistan/constitution/part7.ch2.html#400|archive-date=22 October 2017}}</ref>
 
Since the 1990s, the nomination and confirmation process has attracted considerable attention from the [[Newspapers in Pakistan|print press]] and [[News channels in Pakistan|electronic media]], as news media often comments on the executive's selection for the appointment.{{rp|388–389}}<ref>{{cite book|last1=Jaffrelot|first1=Christophe|title=The Pakistan Paradox: Instability and Resilience|date=2015|publisher=Oxford University Press|location=Oxford UK|isbn=9780190235185|pages=660|chapter-url=https://books.google.com/books?id=i5GMCwAAQBAJ&pg=PA388|access-date=8 February 2017|language=en|chapter-format=googlebooks|chapter=The Judiciary, Media, and Advocacy groups}}</ref> Appointments of Chief Justices [[Saeeduzzaman Siddiqui]], [[Syed Sajjad Ali Shah|S.A. Shah]], [[Iftikhar Muhammad Chaudhry|Iftikhar Chaudhry]], [[Faisal Arab]], and [[Tassaduq Hussain Jillani|T.H. Jillani]] [[Saqib Nisar]] and [[Asif Saeed Khosa]] have gain prominent attention from media in all over the country, mainly due to their ideological and philosophical leanings.{{rp|xxxx}}<ref>{{cite book|last1=Jaffrelot|first1=Christopher|title=Pakistan at the Crossroads|date=2016|publisher=Random House India|location=Delhi, India|isbn=9788184007978|edition=1|chapter-url=https://books.google.com/books?id=7Yc_DAAAQBAJ&pg=PT88|language=en|chapter-format=googlebooks|chapter=Judicial Independence and Separation of Powers}}</ref><ref name="Dawn Newspapers, Ash">{{cite news|last1=Ashfaque|first1=Azfarul|title=Profile: Sindh's new chief justice|url=http://www.dawn.com/news/1164033/profile-sindhs-new-chief-justice|issue=89/90|work=Dawn|date=17 February 2015|location=Karachi, Sindh, Pakistan|url-status=live|archive-url=https://web.archive.org/web/20170211080115/http://www.dawn.com/news/1164033/profile-sindhs-new-chief-justice|archive-date=11 February 2017}}</ref>

Furthermore, the major and influential recommendations for judges to be elevated at the Supreme Court as justices comes from the [[Judicial Commission of Pakistan|Judicial Commission]] that is chaired by the Chief Justice of Pakistan who prepares the qualification summary before the nomination sent to executive.<ref>[http://www.pakistani.org/pakistan/constitution/part7.ch1.html Article 175(A)(1)–175(A)(17)] {{webarchive|url=https://web.archive.org/web/20170816192224/http://www.pakistani.org/pakistan/constitution/part7.ch1.html |date=16 August 2017 }} in Chapter 1: The Courts in Part VII: The Judicature of Constitution of Pakistan</ref>

====Ad–hoc appointments and removal====
There has been ''[[Ad hoc]]'' appointment in the Supreme Court made when the quorum of Judges is not possible to complete the sitting number of justices in the court, or if it is necessary to increase the number of justices in the Supreme Court.<ref name="auto1"/> The nomination comes directly from the [[Judicial Commission of Pakistan|Judicial Commission]] chaired by the Chief Justice who prepares the nomination summary as President confirms their appointments.<ref name="auto1"/>

As of current, there are two justices are on the ''ad hoc'' appointment that are from the [[Federal Sharia Court]].<ref>{{cite web |title=Ad-hoc Members Shariat Appellate Bench|url=http://www.supremecourt.gov.pk/web/page.asp?id=692|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan Press|access-date=8 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170202102004/http://www.supremecourt.gov.pk/web/page.asp?id=692|archive-date=2 February 2017}}</ref>

A judge of the Supreme Court can be removed under the [[Constitution]] only on grounds of proven misconduct or incapacity and by an order of the President of Pakistan.<ref name="auto2">{{cite web|url=http://www.pakistani.org/pakistan/constitution/part7.ch4.html|title=Chapter 4: "General Provisions Relating to the Judicature" of Part VII: "The Judicature"|website=pakistani.org|access-date=11 May 2018|url-status=live|archive-url=https://web.archive.org/web/20180511203704/http://www.pakistani.org/pakistan/constitution/part7.ch4.html|archive-date=11 May 2018}}</ref> A written reference has to be sent to the [[Supreme Judicial Council of Pakistan|Supreme Judicial Council]] that will conduct the hearings of allegations of misconduct that would determine the removal of judge.<ref name="auto2"/>

===Tenureship, salaries and post-retirement===
The [[Judicial Commission of Pakistan|Judicial Commission]] determines the salary, other allowances, leave of absence, pension, etc. of the Supreme Court justices.<ref name="Dawn Newspapers, Reporter"/> A Supreme Court justice gets [[Pakistan Rupee|₨.]] 558,907.00 ([[United States Dollar|$]]5,333.85) with additional allowances of [[Pakistan Rupee|₨.]] 259,009.00 ([[United States Dollar|$]]2471.81).<ref name="Dawn Newspapers, Reporter">{{cite news |title=Details about judges' salary placed in Senate|url=http://www.dawn.com/news/1141530|work=Dawn|location=Pakistan |date=31 October 2014|url-status=live|archive-url=https://web.archive.org/web/20170211155428/http://www.dawn.com/news/1141530|archive-date=11 February 2017}}</ref> Other benefits include the free housing and medical treatment as well as tax-free electricity bills.<ref name="Dawn Newspapers, Reporter"/> A judge who has retired as a justice of the Supreme Court is debarred from practising in any court of law or before any other authority in Pakistan.<ref>{{cite news|title=Appointment: Four retired judges named for election commission – The Express Tribune|url=https://tribune.com.pk/story/180655/appointment-four-retired-judges-named-for-election-commission/|access-date=8 February 2017|work=The Express Tribune|date=2 June 2011|url-status=live|archive-url=https://web.archive.org/web/20170211080131/https://tribune.com.pk/story/180655/appointment-four-retired-judges-named-for-election-commission/|archive-date=11 February 2017}}</ref>

==Judicial independence==
{{main|Judicial independence|De jure|De jure magistratuum|Contempt of court}}

The Supreme Court has the explicit ''[[de jure]]'' powers and enjoys the powerful [[judicial independence]] to block the exercise of certain [[Prime Minister of Pakistan|Prime Minister]]'s executive powers or [[Parliament of Pakistan|Parliament]]'s legislative powers that repugnant to [[Constitution]].<ref name="Dawn News">{{cite news|author=Iftikhar A. Khan|title=Parliament can't make laws repugnant to Constitution: CJ|url=http://dawn.com/2012/06/24/parliament-cant-make-laws-repugnant-to-constitution-cj/|access-date=23 January 2013|newspaper=Dawn News|date=24 June 2012|url-status=live|archive-url=https://web.archive.org/web/20120825123440/http://dawn.com/2012/06/24/parliament-cant-make-laws-repugnant-to-constitution-cj/|archive-date=25 August 2012}}</ref> The Supreme Court has maintained its institutional integrity and has been able to maintain its authority to some degree in the face of [[martial law in Pakistan]] in last decades.{{rp|144–145}}<ref name="Martinus Nijhoff Publishers, Omar">{{cite book|last1=Omar|first1=Imtiaz|title=Emergency Powers and the Courts in India and Pakistan|date=2002|publisher=Martinus Nijhoff Publishers|location=England|isbn=904111775X|pages=207|edition=1|chapter-url=https://books.google.com/books?id=o6-wZP7Tz8YC&pg=PA144|access-date=8 February 2017|language=en|chapter-format=googlebooks|chapter=Continuing Judicial Activism}}</ref>

In another example of a ''de jure power'' granted to the Court, article 17 of the Constitution states:

{{Blockquote|text=Every citizen, not being in the service of (State of) Pakistan, ''shall'' have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the [[Government of Pakistan|Government]] declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference ''shall'' be final.|sign=Article 17:Freedom of association; Chapter I: Fundamental Rights and Principles|source=[[Constitution of Pakistan]], {{small|Chapter source}}<ref>{{cite web|title=Part II:Chapter I: Fundamental Rights (Article 17: Freedom of association)|url=http://www.pakistani.org/pakistan/constitution/part2.ch1.html|work=Constitution of Pakistan|publisher=pakistani.org|access-date=20 June 2012|url-status=live|archive-url=https://web.archive.org/web/20120629103535/http://www.pakistani.org/pakistan/constitution/part2.ch1.html|archive-date=29 June 2012}}</ref> }}

The Supreme Court thus provides, in principle, an important safeguard against the abuse of laws that could potentially have politically repressive consequences or in clear violation of [[Human rights in Pakistan|human rights]].<ref name="Dawn News"/>

The Constitution also allows the Supreme Court to exercise powers and take ''[[sua sponte]]'' actions against the person, regardless of its statue, or the authority, of being disobedient to or disrespectful towards the Supreme Court, its justices, and its officers in the form of behaviour that opposes or defies the Supreme Court's institutional integrity and popular authority.<ref name="auto2"/>

In 1997, [[Chief Justice of Pakistan|Chief Justice]] [[Syed Sajjad Ali Shah|S.A. Shah]] found [[Prime Minister of Pakistan|Prime Minister]] [[Nawaz Sharif]] of [[contempt of court]] but the order itself was voided by the [[Supreme Judicial Council of Pakistan|Supreme Judicial Council]].{{rp|45–46}}<ref name="Stanford University Press, Dossani&Rowen">{{cite book|last1=Dossani|first1=Rafiq|last2=Rowen|first2=Henry S.|title=Prospects for Peace in South Asia|date=2005|publisher=Stanford University Press|location=Stanford|isbn=9780804750851|pages=403|chapter-url=https://books.google.com/books?id=TwO9zmj6aQ0C&pg=PA46|access-date=3 February 2017|language=en|chapter-format=googlebooks|chapter=1997–1999}}</ref> In 2012, [[Chief Justice of Pakistan|Chief Justice]] [[Iftikhar Muhammad Chaudhry|Iftikhar Chaudhry]] retroactively barred Prime Minister [[Yousaf Raza Gillani]] of holding the office after the latter was found of in charges of court of contempt and refusing to follow the court's orders.<ref name="CNN Pakistan Reza">{{cite news|last1=Sayah|first1=Reza|title=Pakistani prime minister convicted of contempt but avoids prison time - CNN|url=http://www.cnn.com/2012/04/26/world/asia/pakistan-gilani-verdict/|access-date=8 February 2017|publisher=CNN|date=26 April 2012|url-status=live|archive-url=https://web.archive.org/web/20170211082936/http://www.cnn.com/2012/04/26/world/asia/pakistan-gilani-verdict/|archive-date=11 February 2017}}</ref>

In 2013, the Supreme Court took ''[[suo motu]]'' actions against populist [[Imran Khan]] of criticising against the judgement of the Supreme Court's senior judges in regards to the elections.<ref name="Dawn Newspapers, Agencies">{{cite news |title=SC quashes contempt case against Imran Khan|url=http://www.dawn.com/news/1038933#comments|work=Dawn|location=Pakistan |date=28 August 2013|url-status=live|archive-url=https://web.archive.org/web/20170211075538/http://www.dawn.com/news/1038933#comments|archive-date=11 February 2017}}</ref> The case was later dropped when [[Attorney-General for Pakistan|Attorney-General]] assured the Supreme Court justices that Imran Khan did not insubordinate the judiciary.<ref name="Dawn Newspapers, Agencies"/>

=== 26th amendment controversy ===
Pakistani politicians have historically voiced concerns over judicial involvement in governance, often calling for a recalibration of power between the judiciary and the legislature. On 21 October 2024, the National Assembly passed the [[Twenty-sixth Amendment to the Constitution of Pakistan|26th Amendment]] in an hours-long, overnight session. Previously, the senior-most judge in the Supreme Court would automatically succeed as Chief Justice upon retirement of the incumbent at age 65. Under the new amendment, the Chief Justice of Pakistan will now be nominated by a Special Parliamentary Committee from among the three most senior judges of the Supreme Court, with a fixed term of three years.<ref name="reuters">{{Cite news |date=October 22, 2024 |title=Pakistan passes constitutional amendment empowering parliament to pick top judge |url=https://www.reuters.com/world/asia-pacific/pakistan-empowers-parliament-pick-countrys-top-judge-2024-10-21/ |work=Reuters}}</ref><ref name="AJ">{{Cite web |title=Pakistan passes amendment empowering parliament to pick top judge |url=https://www.aljazeera.com/news/2024/10/21/pakistan-passes-amendment-empowering-parliament-to-pick-top-judge |access-date=2024-10-25 |website=Al Jazeera |language=en}}</ref>

The government, led by the [[Pakistan Muslim League (N)]] (PML-N) and supported by its coalition partner, the [[Pakistan People's Party]] (PPP), has argued that the amendment is necessary to curb what it views as judicial overreach. Prime Minister [[Shehbaz Sharif]] described the amendment as an assertion of legislative authority and a step toward restoring balance in Pakistan's constitutional structure. Supporters claim that the judiciary's previous involvement in political matters had, at times, led to decisions undermining elected governments and democracy itself.<ref name="reuters"/><ref name="AJ"/>

The change prompted criticism and concern over its potential impact on judicial independence. Former [[Sindh High Court]] Bar Association president Salahuddin Ahmed shared a statement from the Karachi Bar Association that criticised the amendment's passage, calling it a "dark day in the democratic history" of the country due to its approval in a "non-transparent and hasty manner without any debate." In contrast, Prime Minister Shehbaz Sharif referred to the amendment as a "historical achievement," asserting that it reinforced "parliamentary sovereignty." Interior Minister [[Mohsin Naqvi]] also lauded the legislation, claiming it would ensure "speedy justice" and facilitate "positive reforms." While significant concerns about the amendment's implications for judicial independence have been raised, supporters maintain that the changes aim to create a more efficient, accountable, and transparent judicial appointment process.<ref>{{Cite web |last=Guramani |first=Nadir |date=2024-10-21 |title=ICJ derides 'blow to judicial independence' as 26th Constitutional Amendment becomes law |url=https://www.dawn.com/news/1866652 |access-date=2024-10-25 |website=DAWN |language=en}}</ref>

Lawmakers from the opposition party the [[Pakistan Tehreek-e-Insaf]] (PTI), criticised the amendments as an effort to weaken the judiciary and called it a "black day" in Pakistan's constitutional history.<ref name="voa">{{Cite web |date=2024-10-21 |title=Critics concerned as Pakistan parliament moves to pick new chief justice |url=https://www.voanews.com/a/critics-voice-concerns-as-pakistan-parliament-takes-charge-of-picking-chief-justice/7830355.html |access-date=2024-10-25 |website=Voice of America |language=en}}</ref> [[United Nations]] Human Rights chief [[Volker Türk]] also expressed concern that the 26th Constitutional Amendment could significantly undermine the judiciary's independence, stating that "Constitutional reforms must be in line with international human rights law."<ref>{{Cite web |date=2024-10-23 |title=26th Amendment 'seriously' undermines judicial independence: UN rights chief |url=https://www.dawn.com/news/1867097 |access-date=2024-10-25 |website=DAWN |language=en}}</ref> The [[International Commission of Jurists]] (ICJ) similarly criticised the amendment, describing it as a "blow to judicial independence."<ref>{{Cite web |date=2024-10-21 |title=26th Constitutional Amendment a 'blow to judicial independence': ICJ |url=https://tribune.com.pk/story/2504371/26th-constitutional-amendment-a-blow-to-judicial-independence-icj |access-date=2024-10-25 |website=The Express Tribune |language=en}}</ref> However, it also acknowledged that some reforms to the judicial system were needed to enhance efficiency and accountability.<ref name="voa"/>

===Court demographics===
In practice awarded by [[Constitution of Pakistan|Constitution]], judges of the supreme court have been selected so far, mostly from amongst judges of the high courts. The Constitution allows the judges to be appointed at the Supreme Court regardless of colour, race, and religious sect. Justices [[A.S.M. Akram]], [[Fazal Akbar]], [[Amin Ahmed (jurist, born 1899)|Amin Ahmed]], [[Abdus Sattar (president)|Abdus Sattar]], [[Hameedur Rahman]], and [[Hamoodur Rahman]] (Chief Justice) were the [[Bengali people|Bengali]]/[[Bihari people|Bihari]] jurists who served as senior justices in the Supreme Court. In 1960, Justice [[Alvin Robert Cornelius]] became the first [[Christians|Christian]] to be served as [[Chief Justice of Pakistan|Chief Justice]], while [[George Baxandall Constantine|George Constantine]] also served in the Court.{{rp|55}}<ref name="Simon and Schuster, O'Borne">{{cite book|last1=O'Borne|first1=Peter|title=Wounded Tiger: A History of Cricket in Pakistan|date=2016|publisher=Simon and Schuster|location=U.S.|isbn=9781849832489|pages=570|chapter-url=https://books.google.com/books?id=EXXGBwAAQBAJ&pg=PA18|access-date=8 February 2017|language=en|chapter-format=googlebooks|chapter=Founding Fathers}}</ref>

In the 1970s–1980s, Justice [[Dorab Patel]] was the first [[Zorastrian]], followed by Justice [[Rustam S. Sidhwa|Rustom Sidwa]] who served as Supreme Court justice from 1989 until 1993.{{rp|226–227}}<ref name="OUP Oxford, Hinnells">{{cite book|last1=Hinnells|first1=John R.|title=The Zoroastrian Diaspora Religion and Migration.|date=2005|publisher=Oxford University Press, UK|location=Oxford|isbn=9780191513503|pages=830|chapter-url=https://books.google.com/books?id=MWnUfjzvwHoC&pg=PA227|access-date=8 February 2017|language=en|chapter-format=googlebooks|chapter=The Parsis of Karachi}}</ref> Justice [[Rana Bhagwandas]] was the first Hindu jurist who has distinction being the Chief Justice of Pakistan in 2007. Justice [[Qazi Faez Isa]] is of the [[Hazara people|Hazara descent]] who is currently serving as the Chief Justice of the Supreme Court.<ref>{{cite web|last1=Hussain|first1=Hamid|title=Qazi Faez Isa Sworn in as Chief Justice Balochistan|url=https://hazarasoverseas.wordpress.com/tag/qazi-faez-isa/|access-date=13 March 2017|url-status=live|archive-url=https://web.archive.org/web/20170314062907/https://hazarasoverseas.wordpress.com/tag/qazi-faez-isa/|archive-date=14 March 2017}}</ref>

In January 2022, Ayesha Malik was sworn in as the first female Supreme Court judge.<ref>{{Cite news|date=2022-01-24|title=Pakistan's first female Supreme Court judge sworn in|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-asia-60110891|access-date=2022-01-24}}</ref>

===Judicial and philosophical leanings===
{{Main|Idea of Pakistan|Conservatism in Pakistan|Enlightened moderation|Pakistani philosophy}}

The jurists/judges do not represent or receive the official political endorsements from the nation's [[Pakistani political parties|political parties]] which is an acceptable professional practice in the executive branch of the government.{{rp|199–200}}<ref name="Oxford University Press, Shah">{{cite book|last1=Shah|first1=Justice (retd) Syed Sajjad Ali|author-link1=Syed Sajjad Ali Shah|title=Law courts in a glass house : an autobiography|date=2001|publisher=Oxford University Press|location=Karachi|isbn=9780195795615|pages=834|edition=1st|url=https://books.google.com/books?id=69ybAAAAMAAJ&q=supreme+court+of+pakistan+judges+political|access-date=9 February 2017|language=en|chapter=Appointments in the Supreme Court}}</ref> As their [[Americans|American]] counterparts in the [[Supreme Court of the United States|U.S. Supreme Court]], the Jurists philosophical leanings in the Supreme Court are often categorised as [[Conservatism in Pakistan|conservative]], [[Socialism in Pakistan|moderate]], [[Enlightened moderation|liberal]], and [[Textualism|textualist]] that reflected in their [[judicial interpretation]] of the judgements in the impending cases of importance.{{rp|xxx}}<ref name="Routledge, C">{{cite book|last1=C|first1=Mathew Joseph|title=Understanding Pakistan: Emerging Voices from India|date=2016|publisher=Routledge|location=Stanford U.S.|isbn=9781351997249|chapter-url=https://books.google.com/books?id=QGEPDQAAQBAJ&q=Pakistan+supreme+court+judges+conservative&pg=PT312|access-date=9 February 2017|language=en|chapter-format=googlebooks|chapter=Judicial Crises}}</ref><ref>{{cite book|last1=Rose|first1=Gideon|title=Essays for the Presidency|publisher=Foreign Affairs|isbn=9780876096512|chapter-url=https://books.google.com/books?id=vth5CwAAQBAJ&q=supreme+court+of+pakistan+judges+moderate&pg=PT100|language=en|chapter=Tough Love for Pakistan|date=29 September 2015}}</ref>{{rp|67–68}}<ref name="Oxford University Press, Patel">{{cite book|last1=Patel|first1=Justice (retd). Dorab|author-link1=Dorab Patel|title=Testament of a liberal|date=2000|publisher=Oxford University Press|location=Oxford|isbn=9780195791976|pages=221|url=https://books.google.com/books?id=8IebAAAAMAAJ&q=Pakistan+supreme+court+judges+liberal|access-date=9 February 2017|language=en}}</ref>

In 1947, [[Governor-General of Pakistan|Governor-General]] [[Muhammad Ali Jinnah]] confirmed the nomination of Justice [[Abdul Rashid (judge)|Sir Abdul Rashid]], at the behest of [[Prime Minister of Pakistan|Prime Minister]] [[Liaquat Ali Khan|Liaquat Ali-Khan]], was said to be a [[national conservative]] leanings in his judgement.{{rp|60–65}}<ref name="Oxford University Press, Patel"/> His successor, Chief Justice [[Muhammad Munir|Muh'd Munir]], was a liberal in his jurisprudence but sided with conservative judgement when validated dissolution of the first [[Constituent Assembly of Pakistan|Constituent Assembly]] in 1954 and the [[National Assembly of Pakistan|National Assembly]] in 1958 in the light of [[doctrine of necessity]].{{rp|67}}<ref name="Oxford University Press, Patel"/> Under the Chief Justice [[Muhammad Shahabuddin|Muh'd Shahabuddin]], the Supreme Court had the conservative leanings in regards to the constitutionalism and their judgements in the cases of important issues.{{rp|67–68}}<ref name="Oxford University Press, Patel"/> Chief Justice [[Muhammad Shahabuddin|Shahabuddin]] plays a crucial role in drafting the [[Constitution of Pakistan of 1962|second set]] of the [[Constitution of Pakistan]] which incorporated the liberal ideas with the important Islamic provisions.{{rp|68}}<ref name="Oxford University Press, Patel"/>

In 1960, [[President of Pakistan|President]] [[Ayub Khan (general)|Ayub Khan]] appointed Justice [[Alvin Robert Cornelius]] who took much liberal approach in his jurisprudence when deciding cases on fundamental rights against the executive overreach.{{rp|436}}<ref name="Cambridge University Press, Ramraj"/> Justice Cornelius led Supreme Court's verdicts on many constitutional cases were carefully sided with the Islamic ideas but provided much broader role of liberal ideas to safeguard the fundamental rights of the ordinary citizens while being critical of the [[state emergency]].{{rp|437}}<ref name="Cambridge University Press, Ramraj"/>

In 1968, the Supreme Court was greatly divided when Chief Justice [[Hamoodur Rahman]] presided the case hearings after President [[Yahya Khan]] declared martial law and suspended the writ of the constitution.{{rp|59}}<ref name="Martinus Nijhoff Publishers"/> In the views of Chief Justice Rahman, the martial law was invalid and notably ruled that Yahya Khan's assumption of power was "illegal usurpation".<ref name="Martinus Nijhoff Publishers">{{cite book|last1=Omar|first1=Imtiaz|title=Emergency Powers and the Courts in India and Pakistan|publisher=Martinus Nijhoff Publishers|isbn=904111775X|pages=59–60|chapter-url=https://books.google.com/books?id=o6-wZP7Tz8YC&pg=PA60|access-date=22 August 2016|language=en|chapter-format=google books|chapter=Extra-Constitutional Emergency Powers: Martial Law|date=28 March 2002}}</ref> The Supreme Court also overruled and overturned its convictions that called for validation of [[1958 Pakistani coup d'état|martial law]] in 1958.<ref name="Martinus Nijhoff Publishers"/> Despite rulings, there was a split decision between the moderate justices, including Chief Justice Rahman, and conservative leaning justices of the Supreme Court who "condoned" the actions in the light of "[[doctrine of necessity]]".{{rp|60–61}}<ref name="Martinus Nijhoff Publishers"/> The ''[[de jure]]'' powers of the Supreme Court have increased since presiding the [[Hamoodur Rahman Commission|War Enquiry Commission]] in 1974, intervening in the events that Supreme Court justices viewed as violation of human rights by the executive authorities.

In 1977, the Supreme Court had again legalised the [[1977 Pakistani coup d'état|martial law]] in the light of "[[doctrine of necessity]]" and denied taking petitions to review its decision. During this time, Supreme Court justices were described as notoriously conservative and only a few moderates, appointed by [[Prime Minister of Pakistan|Prime Minister]] [[Zulfikar Ali Bhutto]] as his role as [[President of Pakistan|President]] in 1971–73.{{rp|1915}}<ref name="Simon and Schuster, Ali"/> The Supreme Court, however, did take the petitions to review the case of [[Zulfikar Ali Bhutto]], after his counsels filed an appeal against the verdict of [[Lahore High Court]].{{rp|365}}<ref name="Oxford Univ. Press, Raza">{{cite book|last1=Raza|first1=Rafi|title=Zulfikar Ali Bhutto and Pakistan : 1967–1977|date=1997|publisher=Oxford Univ. Press|location=Karachi [u.a.]|isbn=9780195776973|edition=2.impr|url=https://books.google.com/books?id=eDZuAAAAMAAJ|language=en}}</ref> The [[Constitution Bench (India)|Constitution Bench]] formed under Chief Justice [[Sheikh Anwarul Haq|Sh. Anwarul Haq]], had contained Justice Muhammad Akram, Justice [[Dorab Patel]], Justice [[Mohammad Haleem]], Justice [[Nasim Hasan Shah]], Justice Ghulam safdar Shah, Justice Kareem Illahi, Justice Waheedudin Ahmad, and Justice Kaisar Khan.{{rp|61}}<ref>{{cite book|last1=Sehgal|first1=Ikram ul-Majeed|title=Defence Journal|year=2007|publisher=Ikram ul-Majeed Sehgal|url=https://books.google.com/books?id=PrHfAAAAMAAJ&q=dorab+Patel|access-date=10 February 2017|language=en}}</ref> By 1979, the Supreme Court greatly divided with Justice [[Dorab Patel]], Justice G.S. Shah, and Justice [[Mohammad Haleem|Moh'd Haleem]], who had the moderate and liberal leanings in their jurisprudence strongly disagreed with Bhutto's sentence of [[Capital punishment in Pakistan|Capital punishment]].{{rp|273–274}}<ref name="Springer, Rizvi">{{cite book|last1=Rizvi|first1=H.|title=Military, State and Society in Pakistan|date=2000|publisher=Springer|location=Basingstoke|isbn=9780230599048|chapter-url=https://books.google.com/books?id=ZwGIDAAAQBAJ&pg=PA273|language=en|chapter-format=googlebooks.|chapter=Third Military Martial Law}}</ref> On the other hand, Chief Justice [[Sheikh Anwarul Haq|Haq]], Justice [[Nasim Hasan Shah|N.H. Shah]], Justice Waheedudin Ahmad, and Justice Kaisar Khan, were described as having conservative/texualist ideology in their rulings and found Bhutto suitable for capital punishment; hence, marking a split decision by [[Ratio|4:3]].<ref name="Royal Book Company, Kazi">{{cite book|last1=Kazi|first1=Mushtak Ali|title=Journey Through Judiciary|date=1990|publisher=Royal Book Company|location=Karachi, Pakistan|isbn=9789694071084 |url=https://books.google.com/books?id=bL4MAAAAIAAJ&q=4-3|language=en}}</ref>

In 1993, [[Prime Minister of Pakistan|Prime Minister]] [[Benazir Bhutto]] controversially elevated the Supreme Court jurist, [[Syed Sajjad Ali Shah|SA Shah]], who had known for his liberal jurisprudence, as [[Chief Justice of Pakistan|Chief Justice]] over two senior ranking jurists at the Supreme Court.{{rp|xxx}}<ref name="Oxford University Press, Jaffrelot">{{cite book|last1=Jaffrelot|first1=Christophe|title=The Pakistan Paradox: Instability and Resilience|date=2002|publisher=Oxford University Press|location=Karachi, Sindh|isbn=9780190613303|edition=2|chapter-url=https://books.google.com/books?id=_XdeCwAAQBAJ&pg=PT213|language=en|chapter-format=googlebooks.|chapter=Zia and the Judges}}</ref> However, Justice Shah's judicial leanings did not protected the [[Bainazir Bhuttoo Government|Benazir' administration]] when it was [[Eighth Amendment to the Constitution of Pakistan|dismissed]] by [[President of Pakistan|President]] [[Farooq Leghari]] over [[Corruption charges against Benazir Bhutto and Asif Ali Zardari|allegations]] on [[Corruption in Pakistan|corruption]].{{rp|xxx}}<ref name="Oxford University Press, Jaffrelot"/> In 1997, judicial crises reached its peak when [[Supreme Judicial Council of Pakistan|Supreme Judicial Council]] took up the case against Justice Shah's appointment who eventually resigned from his office and succeeded by conservative jurist [[Ajmal Mian]], only to be replaced with conservative jurist [[Saeeduzzaman Siddiqui]] as the new Chief Justice.{{rp|63–64}}<ref name="Har-Anand Publication, Bahadur">{{cite book|last1=Bahadur|first1=Kalim|title=Democracy in Pakistan : crises and conflicts|date=1998|publisher=Har-Anand Publications|location=New Delhi|isbn=9788124100837|pages=350|edition=1|chapter-url=https://books.google.com/books?id=ND9yNyTpntYC&pg=PA63|language=en|chapter-format=googlebooks|chapter=Pakistan's Persistent Systematic Crises}}</ref>

On 12 October 1999, the Supreme Court partially validated the [[1999 Pakistani coup d'état|martial law]] in the light of "doctrine of necessity" on the technicality but Chief Justice [[Saeeduzzaman Siddiqui]] decided to hear the petitions over the legality of the martial law.{{rp|25}}<ref name="Nova Publishers, Mayor">{{cite book|last1=Mayor|first1=John N.|title=India: Issues, Historical Background, and Bibliography|date=2003|publisher=Nova Publishers|location=New York|isbn=9781590332993|pages=100|edition=1|chapter-url=https://books.google.com/books?id=-KWU0bBpsbQC&pg=PA25|access-date=4 February 2017|language=en|chapter=1999 Pakistani Coup}}</ref> Although, the Supreme Court had only validated the martial law for three-years only, the Supreme Court's jurists and Justice [[Saeeduzzaman Siddiqui]] in clear view of this coup as a "violation of constitution" as Sharif's lawyers made a ground base for finding Musharraf of treason.<ref name="Dawn Wire Service, Ali">{{cite news|last1=Ali|first1=Rafaqat|title=Irshad new CJ: Saeed, five others refuse to take oath|url=https://asianstudies.github.io/area-studies/SouthAsia/SAserials/Dawn/2000/29jan00.html#irsh|access-date=8 February 2017|work=asianstudies.github.io|agency=Dawn|location=Pakistan|issue=6/05|publisher=Dawn Wire Service, 2000|date=29 January 2000|url-status=live|archive-url=https://web.archive.org/web/20170211081237/https://asianstudies.github.io/area-studies/SouthAsia/SAserials/Dawn/2000/29jan00.html#irsh|archive-date=11 February 2017}}</ref>

General Musharraf, acting as [[Chief Executive of Pakistan|Chief Executive]], [[Provisional Constitutional Order|forcefully retired]] the conservative leaning jurists and elevated the judges who had known to have libertarian views in their jurisprudence at the Supreme Court, including Justice [[Irshad Hasan Khan]] as Chief Justice.{{rp|145}}<ref name="Routledge, Dressel">{{cite book|last1=Dressel|first1=Björn|title=The Judicialization of Politics in Asia|date=2008|publisher=Routledge|location=U.S.|isbn=9781136295874|pages=180|edition=1|chapter-url=https://books.google.com/books?id=C2DccCWidXQC&pg=PA145|access-date=10 February 2017|language=en|chapter-format=googlebooks|chapter=Enlightened military authoritarianism}}</ref> In 2002, The Supreme Court supervised the [[2002 Pakistani general election|general elections]] successfully oversaw the transition of power from the office of [[Chief Executive of Pakistan|Chief Executive]] to [[Prime minister of Pakistan|Prime minister]].{{rp|350}}<ref name="Cambridge University Press, 2012"/> The legalisation of [[Contempt of court]] act further strengthened the [[judicial independence]] of the Supreme Court in 2004 when [[Shaukat Aziz]] became prime minister.{{rp|350–351}}<ref name="Cambridge University Press, 2012">{{cite book|last=Ghias|first=Shoaib A.|chapter=Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf|title=Fates of Political Liberalism in the British Post-Colony|year=2012|publisher=Cambridge University Press|isbn=978-1-107-01278-3|pages=350–351|chapter-url=https://books.google.com/books?id=3j4JtL4b3ggC&pg=PA348|edition=1|access-date=6 June 2012|chapter-format=google books}}</ref>

In a lecture in November 2022, Justice [[Ayesha A. Malik]] observed an increasing tendency to bring political and social issues to court that would be more suited for resolution within parliament or by the executive. Noting that this is the point at which [[Separation of powers|balancing of power]], judicial restraint (refraining from undue interference in other branches of government) and legal clarity become relevant, Malik expressed the view that courts should not act solely on [[compassion]] but instead prioritise upholding the [[rule of law]].<ref>{{Cite journal |last=Malik |first=Ayesha A. |date=2023-10-20 |title=Judicial Review and the Rule of Law in Pakistan |url=https://www.cambridge.org/core/journals/asian-journal-of-comparative-law/article/judicial-review-and-the-rule-of-law-in-pakistan/7D906C447A9ACEB7EC1431F8E443672F/share/847ddbfdf05aec14f5d662e1deff15ea4f0a715b7d826e9c396bce81820ceee9 |journal=Asian Journal of Comparative Law |language=en |volume=18 |issue=3 |pages=291–302 |doi=10.1017/asjcl.2023.28 |issn=2194-6078|url-access=subscription }}</ref>

'''Ruling on taxpayer rights'''

In a landmark 2025 judgment, the Supreme Court of Pakistan ruled against the [[Federal Board of Revenue]] (FBR), emphasising that tax recovery must uphold the dignity and legal rights of citizens. Authored by Justice [[Ayesha Malik]], the ruling dismissed FBR's petition to justify same-day recovery notices under Section 140 of the Income Tax Ordinance.

The Court underscored that such practices violate the principles of due process under Article 10A and the constitutional right to dignity under Article 14. The bench, led by Justice [[Munib Akhtar]], reaffirmed that even in tax matters, coercive actions must not harass or intimidate taxpayers a reflection of the broader plight faced by many Pakistanis under heavy-handed enforcement<ref>{{Cite web |last=Malik |first=Hasnaat |date=2025-07-15 |title=Supreme Court stresses taxpayer dignity in recovery process |url=https://tribune.com.pk/story/2555954/supreme-court-stresses-taxpayer-dignity-in-recovery-process |access-date=2025-07-16 |website=The Express Tribune |language=en}}</ref>

==Court composition==
The justices and jurists of the supreme court are set to [[Retirement age|retire at the age]] of 65, unless the jurists sooner resign or are removed from office, or records written reasons for deviating from this rule in accordance with the [[Constitution of Pakistan|Constitution]].<ref name="auto"/> By an act of parliament of 1997, the number of judges was fixed at 17. However, in 2024, strength of Supreme Court was increased to 25 judges. Currently, there are sixteen judges and nine positions are vacant.<ref name="Supreme Court of Pakistan press, Hussain">{{cite web|last1=Hussain|first1= Faqir|title=Judicial System of Pakistan|url=http://www.supremecourt.gov.pk/web/user_files/File/thejudicialsystemofPakistan.pdf|website=supremecourt.gov.pk/|publisher=Supreme Court of Pakistan press, Hussain|access-date=27 February 2017|location=Islamabad|pages=37|year=2015|url-status=live|archive-url=https://web.archive.org/web/20170206120305/http://www.supremecourt.gov.pk/web/user_files/File/thejudicialsystemofPakistan.pdf|archive-date=6 February 2017}}</ref><ref name="Supreme Court of Pakistan Press, jurists">{{cite web|title=Hon'ble Judges|url=http://www.supremecourt.gov.pk/web/page.asp?id=205|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan Press, jurists|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170201231827/http://www.supremecourt.gov.pk/web/page.asp?id=205|archive-date=1 February 2017}}</ref><ref>{{Cite web | title=Senate Committee Approves Bill to Increase Supreme Court Judges to 25 | url=https://tribune.com.pk/story/2506761/senate-committee-approves-bill-to-increase-supreme-court-judges | access-date=2025-03-09 | website=tribune.com.pk| date=November 2024 }}</ref>There are two ad hoc appointment of the jurists from the [[Federal Shariat Court]] to assist with religiosity concerned cases.<ref name="Supreme Court of Pakistan press, Shariat jurists">{{cite web|title=Ad-hoc Members Shariat Appellate Bench|url=http://www.supremecourt.gov.pk/web/page.asp?id=692|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan press, Shariat jurists|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170202102004/http://www.supremecourt.gov.pk/web/page.asp?id=692|archive-date=2 February 2017}}</ref>

[[File:Supreme Court of Pakistan from govt flats.JPG|thumb|Supreme Court of Pakistan from govt flats, Islamabad.]]

===Chief Justice of Pakistan and justices===
{{See also|Chief Justice of Pakistan|List of justices of the Supreme Court of Pakistan|l2=Justices of the Supreme Court of Pakistan}}

As of current formation, [[Yahya Afridi]] is tenuring as the [[Chief Justice of Pakistan]], having been appointed on 26 October 2024. The Supreme Court is currently composed of the following [[Judge|justices]] (in order of seniority), including the eighteen regular judges (inclusive of the Chief Justice) and two ad-hoc judges for Shariat Appellate Bench.

The Shariat Appellate Bench is composed of legal scholars that have expertise on [[Islamic jurisprudence]] since its establishment in 1980.<ref>[http://www.pakistani.org/pakistan/constitution/part7.ch3A.html Article 203A-203J] {{webarchive|url=https://web.archive.org/web/20130219085138/http://www.pakistani.org/pakistan/constitution/part7.ch3a.html |date=19 February 2013 }} in Chapter 3A: Federal Shariat Court in Part VII: The Judicature of the [[Constitution of Pakistan]].</ref> The ad hoc appointments for this bench are drawn either from the [[Federal Shariat Court]] or from among the [[Ulema|Clergy]].<ref name=kennedy-36>{{cite book|last1=Kennedy|first1=Charles|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=36}}</ref> Decisions made the [[Federal Shariat Court]] may be appealed to the Appellate Bench, as the Appellate Bench of Supreme Court is the final authority on [[Islamic jurisprudence|Islamic interpretation]] of law in Pakistan.<ref name=kennedy-25>{{cite book|last1=Kennedy|first1=Charles|title=Islamization of Laws and Economy, Case Studies on Pakistan|date=1996|publisher=Institute of Policy Studies, The Islamic Foundation|page=25}}</ref>

{{hidden begin|ta1=center|border=1px #aaa solid|expanded=y|title=[[List of justices of the Supreme Court of Pakistan|Justices of the Supreme Court of Pakistan]]}}
{| class="wikitable sortable"
|-
! Order !! Name !! Appointment !! Retirement !! Court of precedence !! Notes
|-
| 1
|[[Yahya Afridi]]<ref>{{cite web|url=https://tribune.com.pk/story/1726399/1-phcs-justice-afridi-elevated-to-top-court/|title=PHC's Justice Afridi elevated to top court – The Express Tribune|date=3 June 2018|website=The Express Tribune|access-date=8 June 2018}}</ref>
|{{small|{{dts|format=dmy|2018|6|28}}}}
|{{small|{{dts|format=dmy|2027|10|25}}}}
|[[Peshawar High Court]]
|30th Chief Justice of Pakistan
|-
| 2
|[[Munib Akhtar]]<ref>{{Cite web|url=https://www.thenews.com.pk/print/312564-tributes-paid-to-justice-munib-akhtar-for-services-to-judiciary|title=Tributes paid to Justice Munib Akhtar for services to judiciary|date=4 May 2018|website=The News International}}</ref>
|{{small|{{dts|format=dmy|2018|5|8}}}}<ref>{{cite web |url= https://www.dawn.com/news/1406389|title=Justice Munib Akhtar takes oath as Supreme Court judge |first=Dawn.com |author= Haseeb Bhatti |date= 8 May 2018 |website= Dawn|location=Pakistan |access-date= 11 May 2018 |url-status=live |archive-url= https://web.archive.org/web/20180509013233/https://www.dawn.com/news/amp/1406389 |archive-date= 9 May 2018}}</ref>
|{{small|{{dts|format=dmy|2028|12|13}}}}
|[[Sindh High Court]]
|Contender for the 31st Chief Justice of Pakistan after the retirement of Yahya Afridi on 25 October 2027
|-
| 3
|[[Jamal Khan Mandokhail]]
|{{small|{{dts|format=dmy|2021|8|9}}}}
|{{small|{{dts|format=dmy|2026|11|11}}}} 
|[[Balochistan High Court]]
|
|-
| 4
| [[Muhammad Ali Mazhar]]
| {{small|{{dts|format=dmy|2021|8|16}}}}
| {{small|{{dts|format=dmy|2029|10|4}}}}
| [[Sindh High Court]]
|Contender for the 31st Chief Justice of Pakistan after the retirement of Yahya Afridi on 25 October 2027
|-
| 5
| [[Ayesha Malik]]
| {{small|{{dts|format=dmy|2022|1|23}}}}
| {{small|{{dts|format=dmy|2031|6|2}}}}
| [[Lahore High Court]]
|Contender for the 31st Chief Justice of Pakistan after the retirement of Yahya Afridi on 25 October 2027
|-
|6
|[[Shahid Waheed]]
|{{small|{{dts|format=dmy|2022|11|11}}}}
|{{small|{{dts|format=dmy|2031|12|24}}}}
|[[Lahore High Court]]
|
|-
|7
|[[Musarrat Hilali]]
|{{small|{{dts|format=dmy|2023|7|7}}}}
|{{small|{{dts|format=dmy|2026|8|7}}}}
|[[Peshawar High Court]]
|
|-
|8
|[[Irfan Saadat Khan]]
|{{Small|{{dts|format=dmy|2023|11|3}}}}
|{{Small|{{dts|format=dmy|2028|2|6}}}}
|[[Sindh High Court]]
|
|-
|9
|[[Naeem Akhtar Afghan]]
|{{small|{{dts|format=dmy|2024|3|11}}}}
|{{small|{{dts|format=dmy|2028|6|28}}}} 
|[[Balochistan High Court]]
|
|-
|10
|[[Malik Shehzad Ahmed Khan]]<ref name="june24">{{cite news |title=Supreme Court welcomes three new judges |url=https://www.pakistantoday.com.pk/2024/06/25/supreme-court-welcomes-three-new-judges/ |access-date=25 June 2024 |work=Pakistan Today |date=25 June 2024}}</ref>
|{{small|{{dts|format=dmy|2024|6|25}}}}
|{{small|{{dts|format=dmy|2028|3|24}}}}
|[[Lahore High Court]]
|
|-
|11
|[[Aqeel Ahmed Abbasi]]<ref name="june24"/>
|{{small|{{dts|format=dmy|2024|6|25}}}}
|{{small|{{dts|format=dmy|2028|6|15}}}}
|[[Sindh High Court]]
|
|-
|12
|[[Shahid Bilal Hassan]]<ref name="june24"/>
|{{small|{{dts|format=dmy|2024|6|25}}}}
|{{small|{{dts|format=dmy|2030|3|11}}}}
|[[Lahore High Court]]
|
|-
|13
|[[Muhammad Hashim Kakar]]
|{{small|{{dts|format=dmy|2025|2|14}}}}
|{{small|{{dts|format=dmy|2028|9|17}}}}
|[[Balochistan High Court]]
|
|-
|14
|[[Muhammad Shafi Siddiqui]]
|{{small|{{dts|format=dmy|2025|2|14}}}}
|{{small|{{dts|format=dmy|2030|8|11}}}}
|[[Sindh High Court]]
|
|-
|15
|[[Salahuddin Panhwar]]
|{{small|{{dts|format=dmy|2025|2|14}}}}
|{{small|{{dts|format=dmy|2031|8|8}}}}
|[[Sindh High Court]]
|
|-
|16
|[[Shakeel Ahmad (judge) | Shakeel Ahmad]]
|{{small|{{dts|format=dmy|2025|2|14}}}}
|{{small|{{dts|format=dmy|2032|1|31}}}}
|[[Peshawar High Court]]
|
|-
|17
|[[Ishtiaq Ibrahim]]
|{{small|{{dts|format=dmy|2025|2|14}}}}
|{{small|{{dts|format=dmy|2034|12|1}}}}
|[[Peshawar High Court]]
|
|-
|18
|[[Miangul Hassan Aurangzeb]]
|{{small|{{dts|format=dmy|2025|12|2}}}}
|{{small|{{dts|format=dmy|2035|9|13}}}}
|[[Islamabad High Court]]
|
|-
|19
|Vacant
|
|
|
|
|-
|20
|Vacant
|
|
|
|
|-
|21
|Vacant
|
|
|
|
|-
|22
|Vacant
|
|
|
|
|-
|23
|Vacant
|
|
|
|
|-
|24
|Vacant
|
|
|
|
|-
|25
|Vacant
|
|
|
|
|-
|}{{hidden end}}

{{hidden begin|ta1=center|border=1px #aaa solid|expanded=y|title=[[Ad hoc]] appointments of the Shariat Appellate Bench}}
{| class="wikitable sortable"
|-
! Order!! Name listings !! Appointments !! Retirement !! Institution of Precedence !! ''[[Alma mater]]''
|-
|26
|Khalid Masud<ref name="supremecourt.gov.pk">{{cite web|url=http://www.supremecourt.gov.pk/web/page.asp?id=205|title=Hon'ble Judges|work=supremecourt.gov.pk|access-date=2 July 2016|url-status=live|archive-url=https://web.archive.org/web/20160907021020/http://www.supremecourt.gov.pk/web/page.asp?id=205|archive-date=7 September 2016}}</ref>
|[[Not Applicable|n/a]]
| [[Not Applicable|n/a]]
|[[International Islamic University, Islamabad|International Islamic University]]
|[[McGill University]], [[Canada]]
|-
|27
|[[Qibla Ayaz]]<ref>{{Cite web | title=Dr Qibla appointed ad-hoc member of SC Shariat Appellate Bench - Pakistan - Aaj English TV | url=https://english.aaj.tv/news/330365396/dr-qibla-appointed-ad-hoc-member-of-sc-shariat-appellate-bench | access-date=2025-03-09 | website=english.aaj.tv| date=14 June 2024 }}</ref>
|[[Not Applicable|n/a]]
| [[Not Applicable|n/a]]
|
|[[University of Edinburgh]]
|}
{{hidden end}}

===Registry and officers===

The registry of the Supreme Court is its appointed [[Officer of the law|officers]] who is assisted by registrars, several additional and deputy registrars, gazetted officers, and other law clerks.<ref name="Supreme Court of Pakistan press, Registry and Officers">{{cite web|title=Registry and Officers|url=http://www.supremecourt.gov.pk/web/page.asp?id=228|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan press, Registry and Officers|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170201233921/http://www.supremecourt.gov.pk/web/page.asp?id=228|archive-date=1 February 2017}}</ref> The registry branches provides [[Speedy trial|speedy justice]] of all nature of crimes and disputes to the people living in [[Demographics of Pakistan|remote areas]] in the country, while keeping the [[Civil registration|civil registry]] of the people.<ref name="Supreme Court of Pakistan press, Registry and Officers"/>

There are five registry of the supreme court: Islamabad,<ref name="Supreme Court of Pakistan press, Registry and Officers"/> Karachi,<ref name="Supreme Court of Pakistan press, karachi registry">{{cite web|title=Karachi Branch Registry|url=http://www.supremecourt.gov.pk/web/page.asp?id=122|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan press, karachi registry|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170202011226/http://www.supremecourt.gov.pk/web/page.asp?id=122|archive-date=2 February 2017}}</ref> Lahore,<ref>{{cite web|title=Lahore Branch Registry|url=http://www.supremecourt.gov.pk/web/page.asp?id=121|website=supremecourt.gov.pk|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170202004208/http://www.supremecourt.gov.pk/web/page.asp?id=121|archive-date=2 February 2017}}</ref> Peshawar,<ref>{{cite web|title=Peshawar Branch Registry|url=http://www.supremecourt.gov.pk/web/page.asp?id=202|website=supremecourt.gov.pk|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170201233459/http://www.supremecourt.gov.pk/web/page.asp?id=202|archive-date=1 February 2017}}</ref> and Quetta.<ref>{{cite web|title=Quetta Branch Registry|url=http://www.supremecourt.gov.pk/web/page.asp?id=203|website=supremecourt.gov.pk|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170202010546/http://www.supremecourt.gov.pk/web/page.asp?id=203|archive-date=2 February 2017}}</ref>

The Officers and Registrars are appointed by the supreme court with the approval from the chief justices of [[High Courts of Pakistan|High Courts]] and the [[President of Pakistan|President]] and may make rules providing for the appointment by for their terms and conditions of employment that is granted by the Constitution.<ref>[http://www.pakistani.org/pakistan/constitution/part7.ch4.html Article 208] {{webarchive|url=https://web.archive.org/web/20150227162055/http://www.pakistani.org/pakistan/constitution/part7.ch4.html |date=27 February 2015 }} in Chapter 2: The Supreme Court of Pakistan in Part VII: The Judicature of the [[Constitution of Pakistan]].</ref>

===Law clerks and supreme court advocates===
{{Main|Law clerks|Advocate-on-Record}}

The Supreme Court has an extensive competitive program for the appointment of the law clerks and research associates at the [[Supreme Court of Pakistan library|Supreme Court Library]].<ref name="Supreme Court of Pakistan press registrar">{{cite web|title=Registrar's report|url=http://www.supremecourt.gov.pk/Annual_Rpt/Registrar%20Report.pdf|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan press registrar|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170206135239/http://www.supremecourt.gov.pk/Annual_Rpt/Registrar%20Report.pdf|archive-date=6 February 2017}}</ref> The Supreme Court hires the law clerks based on the recommendations provided by their professors from their respected universities and colleges.<ref name="LUMS University Press">{{cite web|title=Law Students Visit the Supreme Court & Lahore High Court|url=http://lums.edu.pk/shssl/economics/news-detail/law-students-visit-the-supreme-court-331|website=archive.is|publisher=LUMS University Press|access-date=24 February 2017|date=16 April 2013|url-status=bot: unknown|archive-url=https://archive.today/20130416092816/http://lums.edu.pk/shssl/economics/news-detail/law-students-visit-the-supreme-court-331|archive-date=16 April 2013}}</ref> Law clerks reviews the petitions for writ of [[certiorari]], [[Legal research|research]] them, prepare [[bench memorandum]]s, and draft [[Legal opinion|opinions]], and reported back to the supreme court's administrative registrar.<ref name="LUMS University Press"/> As of current, the supreme court has 10 law clerks for the [[2017 in Pakistan|2016–17]] year.<ref name="Supreme Court of Pakistan press, Law clerks">{{cite web|title=Law Clerks|url=http://www.supremecourt.gov.pk/web/user_files/File/Law_Clerks_2016_17.pdf|website=supremecourt.gov.pk/|publisher=Supreme Court of Pakistan press, Law clerks|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170224213221/http://www.supremecourt.gov.pk/web/user_files/File/Law_Clerks_2016_17.pdf|archive-date=24 February 2017}}</ref>

The [[Pakistan Bar Council]] provides qualification for senior [[advocate]]s, [[barrister]]s, [[lawyer]]s, and selected civil court judges to be elevated as Advocate Supreme Court (ASC) based on individual experience, qualifications, and selected invitations.<ref name="Pakistan Bar Council">{{cite web|title=Advocate Supreme Court|url=http://pakistanbarcouncil.org/advocate-supreme-court/|website=pakistanbarcouncil.org|publisher=Pakistan Bar Council|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170217145955/http://pakistanbarcouncil.org/advocate-supreme-court/|archive-date=17 February 2017}}</ref>

==Court campus and facilities==
[[File:Supreme Court-Pakistan (cropped).jpg|thumb|right|The Supreme Court of Pakistan.]]
{{Main|Supreme Court of Pakistan Building|Supreme Court of Pakistan library|Supreme Court of Pakistan Press}}

The [[Supreme Court of Pakistan Building|Supreme Court Building]] is located at the [[Constitution Avenue (Islamabad)|Constitution Avenue]] in [[Islamabad]], flanked by the [[Prime Minister's Office (Pakistan)|Prime Minister's Office]] to the south, the [[Aiwan-e-Sadr|Presidential Palace]] and the Parliament Building to the north.<ref name="Supreme Court of Pakistan Supreme building">{{cite web|title=Supreme Court building|url=http://www.supremecourt.gov.pk/web/page.asp?id=114|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan Supreme building|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170201232243/http://www.supremecourt.gov.pk/web/page.asp?id=114|archive-date=1 February 2017}}</ref>

Initially, the Supreme Court met in [[Sindh High Court|Karachi]] and later moved to [[Lahore High Court|Lahore]]/[[Rawalpindi]] on various location until 1960 after the [[Government of Pakistan|government]] moved to [[Islamabad]].<ref name="Supreme Court of Pakistan Supreme building"/> The Supreme Court building is within the ambit of the [[Islamabad Police]], maintaining the law and order as well as campus security of the court.<ref name="Islamabad Police Supreme Court Division">{{cite web|title=Islamabad Police|url=http://islamabadpolice.gov.pk/cityPolice|archive-url=https://web.archive.org/web/20160815200005/http://www.islamabadpolice.gov.pk/CityPolice|url-status=dead|archive-date=15 August 2016|website=islamabadpolice.gov.pk|publisher=Islamabad Police Supreme Court Division|access-date=25 February 2017}}</ref>

The Supreme Court Building is designed by the renowned Japanese architect, [[Kenzo Tange]], in a [[Modernist architecture|modernist style]] complementing the Parliament Building.<ref name="Supreme Court of Pakistan Supreme building"/> The [[Capital Development Authority (Islamabad)|CDA Engineering]] and the [[Pakistan Environmental Protection Agency|Environmental Protection Agency]] supervised the engineering the Supreme Court's monument and [[Public works|civil works]] infrastructure throughout its lengthy construction since the 1960s.<ref name="Supreme Court of Pakistan Supreme building"/> In the 1980s–90s, [[Capital Development Authority (Islamabad)|CDA Engineering]] later expanded infrastructure of the Supreme Court especially when building the Supreme Court's law library.<ref name="Supreme Court of Pakistan Supreme building"/>|

The Court Complex is comprised on Main Central Block, Judges Chamber's block, and Administrative Block, covering 339,861[[Square foot|sq. ft<sup>2</sup>]].<ref name="Supreme Court of Pakistan Supreme building"/> Administration of the Court is supervised by the Chief Justice who exercise the powers through the Registrars, Law clerks, Librarians, and private secretaries to run the judicial functions in proper manner.<ref>{{cite web|title=Court Administration|url=http://www.supremecourt.gov.pk/web/page.asp?id=338|website=supremecourt.gov.pk|access-date=24 February 2017|url-status=live|archive-url=https://web.archive.org/web/20140711033134/http://www.supremecourt.gov.pk/web/page.asp?id=338|archive-date=11 July 2014}}</ref>

The Court complex judges' chambers, a separate building consisting of the [[Supreme Court of Pakistan library|law library]], various meeting spaces, and auxiliary services including a lecture auditorium.<ref name="Supreme Court of Pakistan Supreme building"/> There is an [[Elizabeth I of England|Elizabethan-styled]] [[Entrance Hall]], cafeteria, conference rooms, and a vintage [[Dining hall]], that resembles the [[Victorian architecture|Victorian era]].<ref name="Supreme Court of Pakistan Supreme building"/> The [[Supreme Court of Pakistan library|Supreme Court Library]] contains the collection of 72,000 law books, reports and journals is situated in the basement.<ref name="Supreme Court of Pakistan Supreme building"/>

=== Supreme Court Museum ===
The Supreme Court Museum serves as an invaluable repository for preserving the judicial history of post- and pre-Independence era for future generation.{{rp|1–2}}<ref name="Supreme Court of Pakistan Press (Museum)">{{cite web |title=Supreme Court Museum|url=http://www.supremecourt.gov.pk/Annual_Rpt/Supreme%20Court%20Museum.pdf|website=supremecourt.gov.pk/|publisher=Supreme Court of Pakistan Press (Museum)|access-date=3 March 2017|pages=6|year=2011|url-status=live|archive-url=https://web.archive.org/web/20170206144642/http://www.supremecourt.gov.pk/Annual_Rpt/Supreme%20Court%20Museum.pdf|archive-date=6 February 2017}}</ref> The Museum's collections include fine arts, oral histories, photographs, personal belongings of judges and chief justices and an archival collection of rare documents.{{rp|2}}<ref name="Supreme Court of Pakistan Press (Museum)"/> These collections are displayed in the permanent exhibit gallery of the Museum, as well as in temporary exhibits; surely in future these archival materials will be assets to the researchers.{{rp|3}}<ref name="Supreme Court of Pakistan Press (Museum)"/> The idea of Supreme Court Museum was dreamt in year 2010 by Chief Justice [[Tassaduq Hussain Jillani]] and completed in the June 2016.{{rp|5–6}}<ref name="Supreme Court of Pakistan Press (Museum)"/>

==Jurisdiction==
The Supreme Court has all the [[Original jurisdiction|original]], [[Appellate jurisdiction|appellate]], and [[Advisory jurisdiction|advisory]] jurisdiction on [[Court system of Pakistan|all of the country's courts]] – hence, the Supreme Court is the final [[Arbitration|arbitrator]] of all cases where the decision has been reached.<ref name="auto"/>{{rp|15}}<ref name="Supreme Court of Pakistan press, Hussain" /> In 1976, the jurisdiction of the Supreme Court was constrained and limited by the passing of the [[Fifth Amendment to the Constitution of Pakistan|Fifth Amendment]] to the [[Constitution of Pakistan|Constitution]] but its powers were originally restored in 1985 through the [[Eighth Amendment to the Constitution of Pakistan|Eighth Amendment]], which further expanded the jurisdiction of the Supreme Court.<ref name="News International, Jillani">{{cite news|last1=Jillani|first1=Aneese|title=The law of contempt|url=https://www.thenews.com.pk/print/104850-The-law-of-contempt|access-date=25 February 2017|work=The News International|agency=News International|publisher=News International, Jillani|date=13 March 2016|url-status=live|archive-url=https://web.archive.org/web/20170225104307/https://www.thenews.com.pk/print/104850-The-law-of-contempt|archive-date=25 February 2017}}</ref>

The Supreme Court enjoys a powerful [[jurisdiction]] in the country including on the [[Government of Pakistan|federal government]], [[Provincial Governments of Pakistan|provincial governments]], governmental agencies, [[Non-governmental organization|NGOs]], and where the government and governmental agencies fails to perform its mandated duty to protect the basic human rights or deviating from the law in light of taking the ''[[Suo motu]]'' notice.<ref name="Dawn Newspapers, 2011 Editorial">{{cite news|last1=Editorial|first1=staff writers|title=Suo Motu: Pakistan's chemotherapy?|url=http://www.dawn.com/news/655910|agency=Dawn|location=Pakistan|issue=241/165|publisher=Dawn Newspapers, 2011 Ediotrial|date=31 August 2011|url-status=live|archive-url=https://web.archive.org/web/20170225210712/https://www.dawn.com/news/655910|archive-date=25 February 2017}}</ref><ref name="auto"/>

From 2008 to 2013, the Supreme Court repeatedly exercise its ''suo motu'' power in a view of [[check and balance]] on the governmental authorities to prevent abuse of human rights and to prevent the [[miscarriage of justice]].<ref name="The Nation, Supreme Court">{{cite news|last1=Klasra|first1=Kaswar|title=SC took 86 suo moto cases in 5 years, Senate told|url=http://nation.com.pk/islamabad/06-Mar-2013/sc-took-86-suo-moto-cases-in-5-years-senate-told|access-date=25 February 2017|work=The Nation|publisher=The Nation, Supreme Court|date=6 March 2012|url-status=live|archive-url=https://web.archive.org/web/20170225135040/http://nation.com.pk/islamabad/06-Mar-2013/sc-took-86-suo-moto-cases-in-5-years-senate-told|archive-date=25 February 2017}}</ref>

The independent jurisdiction of the Supreme Court is taken as positive by the legal observers as an attempt of providing a fair, speedy, and public trial of authorities accused of abusing the basic human rights.<ref name="Dawn Newspapers, 2011 Editorial"/> Commenting of the issue of suo motu, Justice [[Khawaja Muhammad Sharif|K.M. Sharif]] critically opined: "[Supreme Court]'s jurisdiction will take notice of every matter in which the executive is showing slackness."<ref name="Dawn Newspapers, 2011 Editorial"/> The Supreme Court is the only federal court that has jurisdiction over the direct appeals from high courts decisions, as powers granted by the Constitution as an [[appellate jurisdiction]].<ref>[http://www.pakistani.org/pakistan/constitution/part7.ch2.html Article 184(1)-184(3)] {{webarchive|url=https://web.archive.org/web/20130708075454/http://www.pakistani.org/pakistan/constitution/part7.ch2.html |date=8 July 2013 }} Chapter 2: The Supreme Court of Pakistan in Part VII: The Judicature of the [[Constitution of Pakistan]].</ref>

The Supreme Court also has an [[original jurisdiction]] in any dispute between any two or more [[Provincial Governments of Pakistan|provincial governments]] or the [[Government of Pakistan]] itself where the Supreme Court may pronounce declaratory judgments only to settle the disputes.<ref name="auto"/> However, almost all cases are brought to the Supreme Court on appeal, making the cases considered based on original jurisdiction rarely.{{rp|275}}<ref name="Springer, Jolly&Garimella">{{cite book|last1=Garimella|first1=Sai Ramani|last2=Jolly|first2=Stellina|title=Private International Law South Asian States' Practice|publisher=Springer|isbn=9789811034589|chapter-url=https://books.google.com/books?id=nbfzDQAAQBAJ&pg=PA275|access-date=25 February 2017|language=en|chapter-format=googlebooks|chapter=The Nationalistics Regime|date=19 January 2017}}</ref> On events involving the legal and technical issues concerning the implementation of law and the writ of constitution, Supreme Court has an [[advisory jurisdiction]] to answer questions and provides written opinions on public importance as consulted by the [[President of Pakistan|President]] upon the request from the [[Prime Minister of Pakistan|Prime Minister]].<ref>[http://www.pakistani.org/pakistan/constitution/part7.ch2.html Article 186(1)-186(2)] {{webarchive|url=https://web.archive.org/web/20130708075454/http://www.pakistani.org/pakistan/constitution/part7.ch2.html |date=8 July 2013 }} Chapter 2: The Supreme Court of Pakistan in Part VII: The Judicature of the [[Constitution of Pakistan]].</ref>

The Supreme Court also enjoys the [[Plenary power|plenary jurisdiction]] and may exercise its [[plenary power]]s for passing appropriate orders to ensure the completion of its orders and to complete the justice at all levels of commands.<ref>[http://www.pakistani.org/pakistan/constitution/part7.ch2.html Article 187(1)-187(3)] {{webarchive|url=https://web.archive.org/web/20130708075454/http://www.pakistani.org/pakistan/constitution/part7.ch2.html |date=8 July 2013 }} Chapter 2: The Supreme Court of Pakistan in Part VII: The Judicature of the [[Constitution of Pakistan]].</ref>{{rp|231}}<ref name="Lulu, Manzoor">{{cite book|last1=Manzoor|first1=Saima Manzoor, Akif Manzoor, Engr Asif|title=Police in Pakistan|publisher=Lulu.com|isbn=9781105990328|chapter-url=https://books.google.com/books?id=K6ndAwAAQBAJ&pg=PA231|access-date=25 February 2017|language=en|chapter-format=googlebooks|chapter=Superior Judiciary|date=21 June 2014}}{{self-published source|date=October 2020}}</ref>{{self-published inline|date=February 2020}}

==Rules and process==

===Rulings and transfer of cases===
The Supreme Court is empowered to frame its own rules for the purpose of regulating the practice and procedure of the Court.<ref name="auto3">{{cite web|url=http://www.pakistani.org/pakistan/constitution/part7.ch2.html#413|title=Chapter 2: "The Supreme Court of Pakistan." of Part VII: "The Judicature"|website=pakistani.org|access-date=11 May 2018|url-status=live|archive-url=https://web.archive.org/web/20171022041340/http://www.pakistani.org/pakistan/constitution/part7.ch2.html#413|archive-date=22 October 2017}}</ref> When the cases are determined as their final rulings, the jurists deliver their rulings in an open court, either at once or by announcing a future date to the concerned parties through their advocates upon writing their opinions during their recesses.{{rp|22–23}}<ref name="Supreme Court of Pakistan library">{{cite web|last1=Aslam|first1=Muhammad|title=Judgments, Decrees, and Orders: The Supreme Court of Pakistan Rules|url=http://www.supremecourt.gov.pk/web/user_files/File/The_Pakistan_Supreme_Court_Rules.pdf|website=supremecourt.gov.pk/|publisher=Supreme Court of Pakistan library|access-date=27 February 2017|location=Islamabad, Pakistan|pages=121|year=1980|url-status=live|archive-url=https://web.archive.org/web/20170215014401/http://www.supremecourt.gov.pk/web/user_files/File/The_Pakistan_Supreme_Court_Rules.pdf|archive-date=15 February 2017}}</ref>

All cases that come before the supreme court through the [[writs]] of [[certiorari]] that are processed through the law clerks and advocates.{{rp|23}}<ref name="Supreme Court of Pakistan library"/> The Supreme Court has powers to transfer any case, [[appeals]], or other pendings proceedings before any [[High Courts of Pakistan|High Courts]] to [[Court system of Pakistan|any subordinated court]] if the supreme court considers it expedient to do so in the interest of justice and speedy trial.<ref name="auto3"/> The Supreme Court may issues advisory directions, orders, and decrees in any case or matter pending in the high courts necessary for doing the complete justice, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.<ref name="auto3"/> The directions and orders issued by the Supreme Court are finals despite questions are arises during the hearings in the High Court for the directions provided the Supreme court.<ref name="auto3"/>

===Oral arguments and decisions===
When the [[certiorari]] petitions are granted by the Supreme Court, the case is then set for the [[oral argument]]s, issuing orders to advocates of concerning parties in the case of importance.{{rp|6}}<ref name="Supreme Court of Pakistan rulings and decisions">{{cite web |title=In the Supreme Court|url=http://www.supremecourt.gov.pk/web/user_files/File/C.A._1646_2000.pdf|website=supremecourt.gov.pk/|publisher=Supreme Court of Pakistan rulings and decisions|access-date=3 March 2017|location=Islamabad|pages=18|year=2009|url-status=live|archive-url=https://web.archive.org/web/20170206235230/http://www.supremecourt.gov.pk/web/user_files/File/C.A._1646_2000.pdf|archive-date=6 February 2017}}</ref> If the parties, despite the opportunity granted by the
court to make oral submissions, do not avail the same, the court is not bound to wait indefinitely for them and keep on adjourning the matter.{{rp|6–7}}<ref name="Supreme Court of Pakistan rulings and decisions"/> During the time of the [[orality]] by either sides of the parties, the justices may interrupt the advocate and ask questions.{{rp|7}}<ref name="Supreme Court of Pakistan rulings and decisions"/> The petitioner gives the first presentation, and may reserve some time to rebut the respondent's arguments after the respondent has concluded.{{rp|7}}<ref name="Supreme Court of Pakistan rulings and decisions"/>

At the conclusion of oral argument, the case is submitted for the final judgements where cases are decided by majority vote of the justices.{{rp|10–25}}<ref name="In the Supreme Court of Pakistan, decisions">{{cite web |title=In the Supreme Court of Pakistan, decisions|url=http://www.supremecourt.gov.pk/web/user_files/File/C.A._176_2015.pdf|website=supremecourt.gov.pk/|publisher=Supreme Court of Pakistan Press, decisions|access-date=3 March 2017|url-status=live|archive-url=https://web.archive.org/web/20170206194230/http://www.supremecourt.gov.pk/web/user_files/File/C.A._176_2015.pdf|archive-date=6 February 2017}}</ref> It is possible that, through recusals or vacancies, the Court divides evenly on a case, as such happened on the case ''Nusrat Bhutto v. Federation of Pakistan (1977–78)''.<ref name="Martinus Nijhoff Publishers" />

===Review petition and actions===
{{Main|Review petition}}

Despite its final rulings, the Supreme Court may review any case upon the filing of review petition of any party to any civil and criminal case of any decisions, judgements/rulings have been pronounced by the Supreme Court.<ref name="auto3"/> The party that filed an appealed through the supreme court advocates to the Supreme Court is the [[Petitioner|''appellant'']] and the non-mover is the ''[[respondent]]'', where all case names before the Supreme Court are styled "''petitioner/appellant vs. defendants/respondent''".{{rp|104–105}}<ref name="Supreme Court of Pakistan library"/>

All decisions that are pronounced by the supreme court, after hearing the review petitions, are considered as final rulings that are to be binding on all other courts in Pakistan.<ref name="auto3"/> The [[Constitution of Pakistan|constitution]] also empowers the Supreme Court to call upon any authority, either an executive or judicial, to act in aid of the Supreme Court to ensure its rulings are delivered to complete justice.<ref name="auto3"/>

===Published opinions and citations===
The [[Supreme Court of Pakistan Press]] is the official authority that publishes the reportable Supreme Court's decisions and opinions, as well as judicial supplements, law reports, and bibliographies.<ref name="Supreme Court of Pakistan Press (Release)"/> The Supreme Court's opinions are first published and is made available on the Court's web site, in form of "press release".<ref name="Supreme Court of Pakistan Press (Release)">{{cite web|title=Press Releases|url=http://www.supremecourt.gov.pk/web/page.asp?id=230|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan Press (Release)|access-date=6 March 2017|url-status=live|archive-url=https://web.archive.org/web/20170202015059/http://www.supremecourt.gov.pk/web/page.asp?id=230|archive-date=2 February 2017}}</ref> Secondly, comprehensive opinions and orders are bound together in paperback form in which the final version of the Court's opinions appears which is called a preliminary print of "Annual Report".<ref name="Supreme Court of Pakistan Press (Annual Reports)">{{cite web |title=Annual Reports|url=http://www.supremecourt.gov.pk/web/page.asp?id=2381|website=supremecourt.gov.pk|publisher=Supreme Court of Pakistan Press (Annual Reports)|access-date=6 March 2017|url-status=live|archive-url=https://web.archive.org/web/20170206041108/http://www.supremecourt.gov.pk/web/page.asp?id=2381|archive-date=6 February 2017}}</ref><ref>{{cite news|title=PDF Pres release|url=http://www.supremecourt.gov.pk/web/user_files/File/Press_Release_17102016.pdf|access-date=6 March 2017|url-status=live|archive-url=https://web.archive.org/web/20170306134211/http://www.supremecourt.gov.pk/web/user_files/File/Press_Release_17102016.pdf|archive-date=6 March 2017}}</ref>

About a year after the paperbacks are published, a final and more cited volume of decision of supreme court volume of Annual Report is published and numbered whereas the researchers may cite the works in their reports.<ref name="Supreme Court of Pakistan Press, Books">{{cite book|last1=Supreme Court of Pakistan|first1=S.|title=Pakistan. Supreme Court|date=1970|publisher=Supreme Court of Pakistan Press, Books|location=Islamabad|url=https://www.google.com/#tbm=bks&q=inauthor:%22Pakistan.+Supreme+Court%22&*|access-date=6 March 2017|url-status=live|archive-url=https://web.archive.org/web/20050720082857/http://www.google.com/#tbm=bks&q=inauthor:%22Pakistan.+Supreme+Court%22&*|archive-date=20 July 2005}}</ref>

===Supreme Court Bar Association===

{{Main|Supreme Court Bar Association of Pakistan}}

All supreme court advocates are required to be members of the [[Supreme Court Bar Association of Pakistan|Supreme Court Bar Association]] in order to plead the cases before the court.{{rp|1–2}}<ref name="Supreme Court Bar Association of Pakistan Press">{{cite web|last1=SCBAP|first1=Supreme Court Bar Association of Pakistan|title=Rule of the Supreme Court Bar Association of Pakistan|url=http://scbap.com/wp-content/uploads/2017/01/SCBAP-Byelaws.pdf|website=scbap.com/|publisher=Supreme Court Bar Association of Pakistan Press|access-date=28 February 2017|location=Islamabad|pages=10|year=1989|url-status=live|archive-url=https://web.archive.org/web/20170228171747/http://scbap.com/wp-content/uploads/2017/01/SCBAP-Byelaws.pdf|archive-date=28 February 2017}}</ref> Formed and established in 1989, the Bar comprises the supreme court lawyers who are elected from all over the country and is aimed to uphold the rule of law, cause of justice and protect the interest of the legal profession as well as that of public.<ref name="Bar Association">{{cite web|title=History of the Bar – SCBAP|url=http://scbap.com/history-of-the-bar/#|website=scbap.com|publisher=Bar Association|access-date=28 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170228171744/http://scbap.com/history-of-the-bar/|archive-date=28 February 2017}}</ref>

The Bar is governed by an executive council consisting of 22 elected members with an elected president and a secretary.<ref>{{cite web|title=President – SCBAP|url=http://scbap.com/president/|website=scbap.com|access-date=28 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170301005352/http://scbap.com/president/|archive-date=1 March 2017}}</ref> Advocates can be admitted as either individuals or groups and their admission is approved by the elected president of the Bar.{{rp|2–3}}<ref name="Supreme Court Bar Association of Pakistan Press"/> Members of the Supreme Court Bar Association are also granted access to the [[Supreme Court of Pakistan library|Supreme Court Library]]'s research collection and law periodicals.{{rp|3–4}}<ref name="Supreme Court Bar Association of Pakistan Press"/>

==Institutional ''de jure'' powers==
{{Main|De jure|History of Pakistan|Martial law in Pakistan}}

The Supreme Court has played an influential and pivotal role in the [[Political history of Pakistan|political history]] of the country since its inception in 1947, and has taken constitutional role for protecting the rights in the light of "[[doctrine of necessity]]".{{rp|236}}<ref name="Cambridge University Press, Siddiqui">{{cite book|last1=Siddique|first1=Osama|title=Pakistan's Experience with Formal Law: An Alien Justice|date=2001|publisher=Cambridge University Press|location=London, uk|isbn=9781107038158|pages=451|chapter-url=https://books.google.com/books?id=OibeAgAAQBAJ&pg=PA236|access-date=6 March 2017|language=en|chapter-format=google books|chapter=Approaches to legal and judicial reforms in Pakistan}}</ref> The ''[[de jure]]'' institutional powers of the Supreme Court as outlined in the Constitution can only be understood as an exemplary of constitutional cases involving the actions of the [[Pakistani military|Pakistan's military]] [[Turnover (employment)|turning over]] the [[Government of Pakistan|civilian government]] in an attempt to restore [[Law and order in Pakistan|law and order]] to prevent chaos in the society.{{rp|236}}<ref name="Cambridge University Press, Siddiqui"/>

In 1954, the Court under Chief Justice [[Muhammad Munir|Moh'd Munir]] exercised its institutional power in a supreme court case ([[Maulvi Tamizuddin Khan|''Maulvi Tamizuddin Khan vs. Federation of Pakistan'']]) when it validated the dismissal of [[Constituent Assembly of Pakistan|Constituent Assembly]], whereas [[Muhammad Ali Bogra|M.A. Bogra]] continued to serve as Prime Minister under [[Governor-General of Pakistan|Governor-General]] [[Malik Ghulam Muhammad|Sir Malik Ghulam]].{{rp|118–119}}<ref name="Routledge, Chak">{{cite book|last1=Chak|first1=Farhan Mujahid|title=Islam and Pakistan's Political Culture|date=2015|publisher=Routledge|location=New York, U.S.|isbn=9781317657941|pages=180|edition=1|chapter-url=https://books.google.com/books?id=xndsBAAAQBAJ&pg=PA117|access-date=6 March 2017|language=en|chapter-format=googlebooks|chapter=The Constitutional cases}}</ref> There were three constitutional cases overheard by the Supreme Court:

#[[Maulvi Tamizuddin Khan|''Federation of Pakistan et al. v. Maulvi Tamizuddin Khan'']]
#''Usif Patel v. Two others v. [[The Crown]]''
#''Special Reference made by the Governor-General of Pakistan''

First, the Supreme Court validated the Governor-General's actions in case 1 but soon considered such powers as ''[[Ultra vires]]'' in case 2 and case 3. However, the Court found it legal in its jurisdiction in thrice cases when it validated the actions under the impression of "[[doctrine of necessity]]".{{rp|236}}<ref name="Cambridge University Press, Siddiqui"/> Despite its rulings, the Court maintained its institutional authority over the Governor-General's actions and ultimately supervised the election of the [[Constituent Assembly of Pakistan|Constituent Assembly]] which was transformed into [[National Assembly of Pakistan|National Assembly]] of [[Parliament of Pakistan|Parliament]] that promulgated the [[Constitution of Pakistan of 1956|first set]] of [[Constitution of Pakistan]].{{rp|119–121}}<ref name="Routledge, Chak"/>

In 1969, Supreme Court justices again heard the petitions against the suspension of the [[Constitution of Pakistan of 1962|second set]] of the [[Constitution of Pakistan of 1962|Constitution]] when [[Chief of Army Staff (Pakistan)|army chief]] General [[Yahya Khan]] took over the [[Pakistani presidency|presidency]] amid the resignation of [[President of Pakistan|President]] [[Ayub Khan (general)|Ayub Khan]].{{rp|59}}<ref name="Martinus Nijhoff Publishers"/> This constitutional case cited as, "''Asma Jillani v. Government of the Punjab''", evenly divided the justices on this issue but bitterly approved such actions in the light of "necessity doctrine", with Chief Justice [[Hamoodur Rahman]] critically opined against this actions as he notably ruled that Yahya Khan's assumption of power was "illegal usurpation".{{rp|59–60}}<ref name="Martinus Nijhoff Publishers"/> In doing so, the Supreme Court also overruled and overturned its convictions that called for validation of [[1958 Pakistani coup d'état|martial law]] in 1958.{{rp|60–61}}<ref name="Martinus Nijhoff Publishers"/>

The institutional influence of Supreme Court on the political events in the country grew since 1971 after the conclusion of the [[Hamoodur Rahman Commission|War Enquiry Commission]] that provided far reaching insightful recommendations to prevent foreign intervention.<ref name="Story of Pakistan">{{cite news|title=Hamoodur Rahman Commission reports|url=http://storyofpakistan.com/the-hamood-ur-rahman-commission-report/|access-date=14 June 2013|newspaper=Story of Pakistan|date=January 2000|display-authors=etal|url-status=live|archive-url=https://web.archive.org/web/20130406191434/http://storyofpakistan.com/the-hamood-ur-rahman-commission-report/|archive-date=6 April 2013}}</ref> In 1975, the institutional powers of the Supreme Court were constraint after the passing of the [[Fifth Amendment to the Constitution of Pakistan|fifth amendment]] that ultimately disturbed the "[[checks and balances]]" system in the country, that eventually strain the executive and judiciary relations.<ref name="News International, Jillani" /> In 1977, the Supreme Court courted by Chief Justice [[Sheikh Anwarul Haq|S. Anwarul Haq]] used the institutional powers to provide a legality to justify the actions resulted in [[Operation Fair Play|martial law]] to dismiss the [[Prime Minister of Pakistan|Prime Minister]] [[Zulfikar Ali Bhutto]] but decided to hear a petition to review the death sentence awarded by the [[Lahore High Court]] after the murder trial reached its conclusion.{{rp|103}}<ref name="Brill, Wasti">{{cite book|last1=Wasti|first1=Tahir|title=The application of Islamic criminal law in Pakistan : Sharia in practice|date=2009|publisher=Brill|location=Leiden|isbn=978-9004172258|pages=400|chapter-url=https://books.google.com/books?id=88-XutlkJAQC&pg=PA103|language=en|chapter-format=google books|chapter=The Evolution of Qisas and Diyat Law}}</ref> In a controversial leanings of [[ratio|4:3]], the Supreme Court upheld the death sentence and [[Zulfikar Ali Bhutto]] but it maintained its institutional integrity while taking many cases involving the [[Zia regime|Zia administration]].<ref name="Eason-Weinmann Center for Comparative Law, Morris">{{cite web|last1=Morris|first1=Nicole A.|title=Pakistan|url=http://www.law.tulane.edu/uploadedFiles/Institutes_and_Centers/Eason_Weinmann/Pakistan%2520Supreme%2520Court%2520Memo%2520v.2.doc|website=law.tulane.edu/|publisher=Eason-Weinmann Center for Comparative Law, Morris|access-date=8 March 2017|format=docs|year=2012|url-status=dead|archive-url=https://web.archive.org/web/20150910081357/http://www.law.tulane.edu/uploadedFiles/Institutes_and_Centers/Eason_Weinmann/Pakistan%20Supreme%20Court%20Memo%20v.2.doc|archive-date=10 September 2015}}</ref> The institutional ''de jure'' powers of the Supreme Court were restored to its original position after the passing of the [[Eighth Amendment to the Constitution of Pakistan|Eighth Amendment]] in 1985.<ref name="News International, Jillani" />

After the [[1999 Pakistani coup d'état|military takeover]] of the [[Government of Pakistan|civilian government]], the [[Democracy in Pakistan|pro-democracy]] organisations and [[Pakistan Muslim League (N)|PML(N)]]'s lawyers challenged the legality of the military takeover, asking the supreme court to review its rulings.<ref>[https://news.bbc.co.uk/2/hi/south_asia/532550.stm Military takeover challenged in court] , [[BBC]], 22 November 1999</ref> After the lengthy court battle between [[Akram Sheikh|Sharif's]] and [[Syed Sharifuddin Pirzada|Musharraf's]] lawyers, the Supreme Court was in a clear view of the military take over as "unconstitutional" but favoured the legality on [[Doctrine of Necessity|necessity grounds]] that was viewed as very limited, on 12 May 2000.<ref name="Dawn Wire Service, 2000">{{cite news|last1=Ali|first1=Rifaaqat|title=Govt given three years to hold polls|url=https://asianstudies.github.io/area-studies/SouthAsia/SAserials/Dawn/2000/may13.html#govt|access-date=12 March 2017|work=asianstudies.github.io|agency=Dawn Wire Service|issue=6/18|publisher=Dawn Wire Service, 2000|date=13 May 2000|url-status=live|archive-url=https://web.archive.org/web/20170313214435/https://asianstudies.github.io/area-studies/SouthAsia/SAserials/Dawn/2000/may13.html#govt|archive-date=13 March 2017}}</ref><ref name="Kalhan - Constitution and Extraconstitution">{{cite journal|last=Kalhan|first=Anil|title=Constitution and 'Extraconstitution': Emergency Powers in Postcolonial Pakistan and India|journal=Emergency Powers in Asia (Victor Ramraj & Arun Thiruvengadam, Eds.)|year=2010|ssrn=1398545}}</ref><ref>{{cite web|url=https://news.bbc.co.uk/2/hi/south_asia/746262.stm|title=Pakistan court limits army rule|date=12 May 2000|access-date=2 July 2016|via=bbc.co.uk|url-status=live|archive-url=https://web.archive.org/web/20170730033754/http://news.bbc.co.uk/1/hi/world/south_asia/746262.stm|archive-date=30 July 2017}}</ref>

Widely publicised case, the ''Nawaz Sharif vs. Federation'', the supreme court relied its judgement based on the principle of ''[[salus populi est suprema lex]]'' and rejected the options of "complete surrender" to the regime or total opposition which, in its judgement, would have led to the "closure of the courts".<ref name="Kalhan - Constitution and Extraconstitution" /> Due to the [[Thirteenth Amendment to the Constitution of Pakistan|Thirteenth Amendment]] removed the effective [[check and balance]] of [[Separation of powers|branches of the government]], the supreme court marked its reference using the "''Necessitas facit licitum quod alias non-est licitum''" and asserted on the right of the Superior Courts to review the orders, proceedings, acts, and legislative measures of the Musharraf regime.<ref name="Kalhan - Constitution and Extraconstitution" /> In addition, the situation was termed by the supreme court as a "case of constitutional deviation for a transitional period", and accepted Musharraf's argument for holding the [[Elections in Pakistan|national elections]] within two-to-three years, giving Musharraf until 12 May 2002 to hold new elections.<ref name="Kalhan - Constitution and Extraconstitution" /> While issuing a lengthy judgement, the supreme court effectively established its institutional authority on Musharraf as it reserved for its right to review and re-examine the continuation of Musharraf's emergency powers.<ref name="Kalhan - Constitution and Extraconstitution" />

Before this judgement, Musharraf did not hint a timetable for the restoration of democracy – having argued that it needed an indefinite and possibly prolonged time to reform the country – Musharraf publicly submitted to the Court's judgement.<ref>{{cite news |url=https://news.bbc.co.uk/1/hi/world/south_asia/763880.stm |title=SOUTH ASIA &#124; Musharraf pledges return to democracy |work=BBC News |date=25 May 2000 |access-date=2009-11-09 |url-status=live |archive-url=https://web.archive.org/web/20030819125250/http://news.bbc.co.uk/1/hi/world/south_asia/763880.stm |archive-date=19 August 2003}}</ref><ref name="Kalhan - Constitution and Extraconstitution" /> Several of Pakistani [[legal theory|legal theorists]] have posited that Pakistan's "''[[grundnorm]]''", the basis for its [[constitutional convention (political custom)|Constitutional convention]] and system of laws, continues in effect (and the Supreme Court therefore retains its authority) even when the written constitution is suspended by the imposition of a military [[dictablanda]].<ref name="Kalhan - Constitution and Extraconstitution" />

===Contempt of court===

The [[Constitution of Pakistan|Constitution]] empowers the Supreme Court to exercise its powers of [[contempt of court]] to punish any person or an authority found of scandalising, abusing, interfering, and obstructing the procedures of the court or its rulings.<ref name="auto2"/> In 2001–2002, there were additional amendments made that further empowers the Supreme Court and its institutional powers to struck any federal authority found on the charges of contempt of court.<ref name="Senate of Pakistan Press, The Gazette of Pakistan">{{cite web|last1=Babur|first1=Iftikharullah|title=The Contempt of Court Act|url=http://www.senate.gov.pk/uploads/documents/1347362846_193.pdf|website=senate.gov.pk/|publisher=Senate of Pakistan Press, The Gazette of Pakistan|access-date=13 March 2017|date=12 July 2002|url-status=live|archive-url=https://web.archive.org/web/20160731015351/http://senate.gov.pk/uploads/documents/1347362846_193.pdf|archive-date=31 July 2016}}</ref>

In a much publicised case, the Supreme Court effectively used its constitutional powers when it ceased [[Prime Minister of Pakistan|Prime Minister]] [[Yousaf Raza Gillani]] from running the government when the court found him guilty of contempt of court charges– hench disqualified the prime minister from holding any public offices in the country.<ref>[http://www.ndtv.com/article/world/pakistan-supreme-court-disqualifies-yousuf-raza-gilani-says-vacate-prime-ministers-post-233481 Pakistan Supreme Court disqualifies Yousuf Raza Gilani, says vacate Prime Minister's post] {{webarchive|url=https://web.archive.org/web/20120622014658/http://www.ndtv.com/article/world/pakistan-supreme-court-disqualifies-yousuf-raza-gilani-says-vacate-prime-ministers-post-233481 |date=22 June 2012 }}. NDTV. Retrieved 19 June 2012.</ref><ref name="The News International, 19 June 2012">{{cite news|title=Gilani disqualified as PM: SC|url=http://www.thenews.com.pk/article-55039-Gilani-disqualified-as-PM:-SC--|access-date=19 June 2012|newspaper=The News International|date=19 June 2012|quote=The Supreme Court (SC) has disqualified Syed Yusuf Raza Gilani as the prime minister in its short order of the NA Speaker ruling case, Geo News reported.|url-status=live|archive-url=https://web.archive.org/web/20120620003723/http://www.thenews.com.pk/article-55039-Gilani-disqualified-as-PM:-SC--|archive-date=20 June 2012}}</ref>

==Literary criticism of the Supreme Court==

The Supreme Court has been given literary criticism by historians and authors of history of Pakistan for validating the [[Martial law in Pakistan|martial law]] against the elected governments of Pakistan by the military interventions.<ref name="Stanford University Press, Dossani&Rowen" />

===Lawyer's movement, long march, and judicial activism===
{{further|2007 Pakistani state of emergency|Lawyers' Movement#Pakistan Long March}}

In 2007, it was reported widely by the [[Media in Pakistan|Pakistani news media]] that the [[Military Intelligence of Pakistan|Military Intelligence]] officials, acting under then-President and army chief [[General]] [[Pervez Musharraf]], were using photographs of the justices involved with prostitutes to blackmail and pressurise the supreme court justices to take the oath of allegiance and make rulings favourable to the then-President Musharraf.<ref>[https://archive.today/20100117025519/http://www.timesonline.co.uk/tol/news/world/asia/article2848490.ece Sex Scandal involving Supreme Court Judges.] Ghulam Hasnain, reporting from Islamabad for ''[[The Times]]'', 11 November 2007. Retrieved 21 November 2007.</ref>

The [[Lawyer's movement]], allied with the rule of Law movement led by [[Pakistan Muslim League (N)|PML(N)]], eventually called for a successful long march to have to justices of the supreme court restored before the [[2007 Pakistani martial law|state of emergency]] imposed in 2007. Led under the direction of PML(N) President [[Nawaz Sharif]], now the [[Prime Minister of Pakistan|Prime Minister]], the [[Pakistan Long March|long march]] effectively restored the supreme court justices when Prime Minister [[Yousuf Raza Gilani]] appeared on [[Pakistan Television Corporation|national television]], only to announce unconditional restoration of the judiciary.<ref name="Kalhan - Gray Zone Constitutionalism">{{cite journal|last=Kalhan|first=Anil|title="Gray Zone" Constitutionalism and the Dilemma of Judicial Independence in Pakistan|journal=Vanderbilt Journal of Transnational Law|date=January 2013|volume=46|page=1|ssrn=2087116}}</ref>

With immediate effect on 17 March 2009, Justices [[Javed Iqbal (judge, born 1946)|Javaid Iqbal]], [[Ijaz Ahmed Chaudhry (judge, born 1945)|Ijaz Ahmed]], [[Khalil-ur-Rehman Ramday|K. R. Ramday]], and [[Raja Muhammad Fayyaz Ahmad]] were restored to their position as of 2 November 2007 with Justice [[Iftikhar Mohammad Chaudhry]] assuming the post of [[Chief Justice of Pakistan|Chief Justice]] on 22 March 2009. [[News channels in Pakistan|News media]] pundits eventually noted that it was General [[Tariq Majid]], then-[[Chairman Joint Chiefs of Staff Committee|Chairman joint chiefs]], and General [[Ashfaq Parvez Kayani]], then-[[Chief of Army Staff (Pakistan)|army chief]], had played an ambiguous role in intervening and encouraging a rapprochement between the government and the opposition. Neither side acknowledged this role, however, until lawyers' movement leader Aitezaz Ahsan publicly admitted Kayani's role. There were mass speculations that protestors and law enforcement agencies would have violently collided otherwise had they not intervened.<ref name="Kalhan - Gray Zone Constitutionalism" />

The restoration of the justices that resulted from the immense public pressure led to the judiciary to begin a quest for independence with an aim to ensure a strong and efficient judicial system that could quickly deliver justice to the public.<ref name="Kalhan - Gray Zone Constitutionalism"/> The Supreme Court took notice of several important constitutional and other cases in the period that related to the public interest. These cases of importance included the constitutional petitions and judgements on:
**[[PCO Judges case|''Constitution Petition No. 8 & 9 of 2009'']]
**[[Corruption charges against Benazir Bhutto and Asif Ali Zardari|''Dr. Mubashir Hussain vs. Federation of Pakistan'']]
**[[Missing persons (Pakistan)|''Missing Person vs. the Federation of Pakistan et al.'']]
**[[National Reconciliation Ordinance|''Petitioners vs. Federation of Pakistan et al.'']]
** ''Steel Workers Union vs. Federation of Pakistan et al.''
**''Applicants vs. NICL et al.''

The Supreme Court rendered its judgement declare the appointments based upon PCO on 3 November 2007 as null and void as well as declaring the [[National Reconciliation Ordinance|NRO]] as also null and voided that ultimately opened the investigations and [[Corruption charges against Benazir Bhutto and Asif Ali Zardari|cases against]] then-President [[Asif Ali Zardari]] and Prime Minister Gillani.<ref name="Kalhan - Gray Zone Constitutionalism"/>
 
The Supreme Court became extremely vigilant on corruption cases related to the [[Gillani ministry]], effectively led to the [[government shutdown]] and critics noted that the judicial activism slowed of government productivity without corruption has created a tension between the [[Iftikhar Muhammad Chaudhry|Chaudhry Court]] and the Gillani ministry in 2008 till 2013.<ref name="Kalhan - Gray Zone Constitutionalism" />

===Constitutional petitions No. 8 and 9 of 2009===
Of the 14 justices that rendered a verdict related to taking an oath under the PCO, 12 had taken the oath themselves. However, they controversially did not apply the judgement to themselves.

{| class="wikitable"
|-
! Name
! Status
|-
| Mr. Justice Iftikhar Muhammad Chaudhry, CJ.
| Took Oath on PCO as Chief Justice Balochistan High Court on 26 January 2000
|-
| Mr. Justice Javed Iqbal
| Took Oath on PCO as Judge of Balochistan High Court on 26 January 2000
|-
| Mr. Justice Sardar Muhammad Raza Khan
| Took Oath on PCO as Judge of Peshawar High Court on 26 January 2000
|-
| Mr. Justice Khalil-ur-Rehman Ramday
| Took Oath on PCO as Judge of Lahore High Court on 26 January 2000
|-
| Mr. Justice Mian Shakirullah Jan
| Took Oath on PCO as Judge of Peshawar High Court on 26 January 2000
|-
| Mr. Justice Tassaduq Hussain Jillani
| Took Oath on PCO as Judge of Lahore High Court on 26 January 2000
|-
| Mr. Justice Nasir-ul-Mulk
| Took Oath on PCO as Judge of Peshawar High Court on 26 January 2000
|-
| Mr. Justice Raja Fayyaz Ahmed
| Took Oath on PCO as Judge of Balochistan High Court on 26 January 2000
|-
| Mr. Justice Ch. Ijaz Ahmed
| Took Oath on PCO as Judge of Lahore High Court on 26 January 2000
|-
| Mr. Justice Ghulam Rabbani
| Took Oath on PCO as Judge of Sindh High Court on 26 January 2000
|-
| Mr. Justice [[Sarmad Jalal Osmany]]
| Took Oath on PCO as Judge of Sindh High Court on 26 January 2000
|-
| Mr. Justice Muhammad [[Justice Sair Ali|Sair Ali Khattak]]
| Appointed as a Judge of the Lahore High Court Lahore on 2 May 2001
|-
| Mr. Justice Mahmood Akhtar Shahid Siddiqui
| Appointed as a Judge of the Lahore High Court Lahore on 21 September 2001
|-
| Mr. Justice Jawwad S. Khawaja.
| Took Oath on PCO as Judge of Lahore High Court on 26 January 2000

Mr. Justice Anwar Zaheer Jamali
Took Oath on PCO as Judge of Sindh High Court on 26 January 2000
|}

As a result of the 31 July 2009 decision handed down in the case of Constitutional Petitions 8 and 9 of 2009, the following justices resigned before their cases were referred to Supreme Judicial Council:

{| class="wikitable"
|-
! Name
! Appointed
! Status on 2 Nov 2007
! PCO oath, Result of Judgement
|-
| Faqir Muhammad Khokhar
| 10 January 2002.<ref name=AnnualReport2012-2013>{{cite web|url=http://www.supremecourt.gov.pk/Annual_Rpt_2012-13/index.html#/26|title=Supreme Court Annual Report 2012-2013|website=supremecourt.gov.pk|access-date=11 May 2018|url-status=dead|archive-url=https://web.archive.org/web/20130621054158/http://www.supremecourt.gov.pk/Annual_Rpt_2012-13/index.html#/26|archive-date=21 June 2013}}</ref>
| Supreme Court Judge
| Khokkhar resigned from the Court on 5 August 2009. His normal retirement would have been 15 April 2010<ref name=AnnualReport2006>{{Cite web|url=http://www.supremecourt.gov.pk/web/user_files/File/Supreme_Court_Report_Golden_Jubilee_Edition_2006.pdf|title=Supreme Court Report Golden Jubilee Edition 2006}}</ref>
|-
| Justice [[Muhammad Javed Buttar|M. Javed Buttar]]
| 29 July 2004<ref name="AnnualReport2012-2013" />
| Supreme Court Judge
| Buttar resigned from the Court on 5 August 2009. His normal retirement would have been 15 November 2013<ref name="AnnualReport2006"/>
|}

In addition to the above justices, the following justices were removed from the Supreme Court of Pakistan<ref name=9OF2009>{{cite web|url=http://www.supremecourt.gov.pk/web/user_files/File/CONST.P.9OF2009.pdf|title=Supreme Court Decision CONSTITUTION PETITION NO. 09 and 08 OF 2009|website=supremecourt.gov.pk|access-date=11 May 2018|url-status=live|archive-url=https://web.archive.org/web/20170517053202/http://www.supremecourt.gov.pk/web/user_files/File/CONST.P.9OF2009.pdf|archive-date=17 May 2017}}</ref> on the ground that their appointment to the court was made without consultation with the ''de jure'' Chief Justice of Pakistan.

{| class="wikitable"
|-
! Name
! Appointed
! Status on 2 Nov 2007
! PCO oath, Result of Judgement
|-
| Justice Muhammad Qaim Jan Khan
| 6 November 2007
| Peshawar High Court Judge
| Khan became a Supreme Court justice on 6 November 2007.  He was removed and deemed to have retired as a judge.
|-
| Justice Ijaz-ul-Hassan
| 6 November 2007
| Peshawar High Court Judge
| Ijaz-ul-Hassan became a Supreme Court justice 6 November 2007. He was removed and deemed to have retired as a judge.
|-
| Justice Mohammad Moosa K. Legari
| 6 November 2007
| Judge Sindh High Court
| Legari became a Supreme Court justice 6 November 2007. He was removed and deemed to have retired as a judge.
|-
| Justice Ch. Ejaz Yousaf
| 6 November 2007
| Chairman Press Council<ref name="jang.com.pk">{{cite web |url=http://jang.com.pk/thenews/feb2008-weekly/nos-10-02-2008/enc.htm |title=Encore, NOS, The News International |publisher=Jang.com.pk |access-date=2009-11-09 |url-status=live |archive-url=https://web.archive.org/web/20081011222342/http://jang.com.pk/thenews/feb2008-weekly/nos-10-02-2008/enc.htm |archive-date=11 October 2008}}</ref>
| Yousaf was a retired Chief Justice of the Federal Shariat Court before he became a Supreme Court justice.<ref name="jang.com.pk"/> He was removed from the bench.
|-
| Justice Zia Perwez
| 13 November 2007
| Judge Sindh High Court
| Perwez became a Supreme Court justice 13 November 2007. Perwez was removed and reinstated as a judge for the Sindh High Court.
|-
| Justice Mian Hamid Farooq
| 10 December 2007
| Lahore High Court Judge
| Farooq became a Supreme Court justice 10 December 2007. He was removed and deemed to have retired as a judge.
|-
| Justice Syed Sakhi Hussain Bokhari
| 10 December 2007
| Lahore High Court Judge
| Bokhari became a Supreme Court justice 10 December 2007. He was removed and reinstated as a judge for the Lahore High Court.
|-
| Justice Syed Zawwar Hussain Jaffery
| 10 December 2007
| Retired Sindh High court Judge
| Jaffery became a Supreme Court justice 10 December 2007.  He was removed and deemed to have retired as a judge.
|-
| Justice Sheikh Hakim Ali
| 8 February 2008<ref>{{cite web|url=http://pakistanherald.com/profile.asp?hofid=228 |title=Justice Sheikh Hakim ali &#124; Justice supreme court of Pakistan @ Pakistan Herald |publisher=Pakistanherald.com |access-date=2009-11-09 |url-status=dead |archive-url=https://web.archive.org/web/20081226005046/http://www.pakistanherald.com/Profile.asp?hofid=228 |archive-date=26 December 2008 }}</ref>
| Lahore High Court Judge
| Ali became a Supreme Court justice 8 February 2008. He was removed and deemed to have retired as a judge.
|-
| Justice Muhammad Furrukh Mahmud
| 8 February 2008<ref>{{cite web|url=http://www.indopia.in/India-usa-uk-news/latest-news/75540/International/2/20/2 |title=International : Pak Supreme Court gets two more judges : 75540 |publisher=Indopia.in |access-date=2009-11-09}}</ref>
| Retired Lahore High Court Judge<ref name="AnnualReport2006"/>
| Mahmud became a Supreme Court justice 8 February 2008. He was removed from the bench.
|-
| Hon. Sarmad Jalal Osmany
| {{nowrap|19 September 2008}}
| Sindh High Court Judge
| Osmany refused the PCO oath and was appointed to Supreme Court on 19 September 2008. He was removed from the bench of Supreme Court and reverted to a Sindh High Court Judge. He was then appointed as Chief Justice of Sindh High Court on 1 August 2009.
|-
| Justice [[Sardar Muhammad Aslam]]
| 7 March 2009{{Citation needed|date=September 2013}}
| Lahore High Court Judge
| Aslam took the PCO oath on 3 November 2007 and became a Supreme Court Justice on 7 March 2009. He was removed and deemed to have retired.
|}

====Controversial aspect of the decision====
The decision of the Court summarily removed all justices of the higher judiciary who were not part of it as of 2 November 2007. Their removal was ordered on the grounds that the ''de jure'' Chief Justice was not allowed to advise in these cases. In the same decision the court held that the ''de jure'' Chief Justice from 3 November 2007 to 22 March 2009 was Justice Chaudhry.<ref name="Kalhan - Gray Zone Constitutionalism" />

There were three groups of removed justices:
* Those elevated to higher courts who initially took oath under the PCO
* Those who were elevated to higher courts after restoration of the Constitution and were appointed by Musharraf
* Those who were elevated to higher courts after restoration of the Constitution and were appointed by [[Asif Ali Zardari]]

The Supreme Court bench that rendered the decision consisted entirely of justices who had taken oath under the PCO of 1999 themselves, but were already sitting justices of the higher judiciary at the time and had taken a constitutional oath. The 1999 PCO and decisions made under it were given constitutional protection by [[Seventeenth Amendment to the Constitution of Pakistan|Seventeenth amendment]].<ref name="Kalhan - Gray Zone Constitutionalism" />

This decision has resulted in situations where:
# newly appointed justices who never took any sort of oath under any PCO have been removed
# sitting justices who took an oath under the 2007 PCO are still acting as justices, though their cases will be sent to Supreme Judicial Council
# sitting justices who were reappointed and took oath under Justice Dogar are still acting as justices with no action
# justices who took oath under the PCO of 1999 are still functioning as justices of higher judiciary

Critics of the decision question the fact that some PCO judges are still working and some non-PCO judges have been sacked.

====Review petition filed by Lahore High Court non-PCO removed judges====
Removed ad hoc judges of the Lahore High Court have filed several petitions in the Supreme Court in Lahore for review of its judgment, which sent 76 judges of Supreme Courts and High Courts immediately home.

These judges argue that they were qualified to be appointed as judges of the High Court in accordance with the requirements of Article 193(2)of the 1973 Constitution and were offered to serve as ad hoc judges following the consultation required under the Constitution. They accepted the offer and took oath when the state of emergency was lifted. They never took oath under a PCO and continued performing the functions of judges of the High Court until judgement was rendered against them.

These judges were appointed by Lahore High Court Chief Justice Justice Zahid Hussain, who is still a justice of the Supreme Court of Pakistan and is not being tried before the Supreme Judicial Counsel.

The petition also noted that none of the sacked judges were made parties to the decision against them, nor were they able to comment in the hearing or in some cases aware that the hearing was taking place.  They also allege that no copy of the decision was sent to the High Court or to the judges concerned.

====Key controversial points====
According one news article,<ref>{{cite web|url=http://www.dailytimes.com.pk/default.asp?page=2009\08\29\story_29-8-2009_pg13_12 |title=Leading News Resource of Pakistan |work=Daily Times|access-date=2009-11-09}}</ref>
the Supreme Court applied its judgement retroactively, having effect from 3 November 2007. The 14-member Supreme Court bench did not, however, apply the sanction to judges who took oath under the 1999 PCO. Some of these are current{{When|date=October 2020}} justices, and some have not yet{{When|date=October 2020}} taken a constitutional oath.

Critics of the decision also argue that it is inconsistent with the principles laid down in Malik Asad Ali's case where it was held that the Chief Justice was bound by the Court's judgement. Chief Justice Sajjad Ali Shah was removed from office based on this case.

Inconsistently with the decision, the present Chief Justice Chaudhry accepted the stance of the government that Justice Dogar was the Chief Justice until his retirement.

Following the decision, the official website of the Supreme Court was hacked by an unknown person. The hacked website made derogatory remarks about Chief Justice Chaudhry.

==See also==
{{div col|colwidth=30em}}
* [[Attorney General of Pakistan]]
* [[Federal Shariat Court]]
* [[List of justices of the Supreme Court of Pakistan]]
* [[List of cases of the Supreme Court of Pakistan]]
* [[Law of Pakistan]]
* [[Ministry of Law and Justice (Pakistan)|Ministry of Law & Justice of Pakistan]]
* [[Minister for Law and Justice (Pakistan)|Minister of Law & Justice Pakistan]]
* The [[Pakistan Bar Council]] and the five province-level [[bar council]]s:
** [[Balochistan Bar Council]]
** [[Islamabad Bar Council]]
** [[Khyber Pakhtunkhwa Bar Council]]
** [[Punjab Bar Council]]
** [[Sindh Bar Council]]
* [[Supreme Court Bar Association of Pakistan]] and the provincial High Court Bar Associations:
** [[Lahore High Court Bar Association]]
* The five [[High Courts of Pakistan]]:
** [[Balochistan High Court]]
** [[Islamabad High Court]]
** [[Lahore High Court]]
** [[Peshawar High Court]]
** [[Sindh High Court]]
** Gilgit-Baltistan Supreme Appellate Court
{{div col end}}

== References ==
{{Reflist}}

==External links==
{{Commons}}
* [http://www.ianswer4u.com Supreme Court of Pakistan]
* [http://www.ljcp.gov.pk/ Law and Justice Commission Government of Pakistan] {{Webarchive|url=https://web.archive.org/web/20160423160355/http://www.ljcp.gov.pk/ |date=23 April 2016 }}
*[https://play.google.com/store/apps/details?id=pk.gov.supremecourt Supreme Court of Pakistan Android App]

{{Judiciary of Pakistan}}
{{Pakistan topics}}
{{Asia topic|Supreme Court of|title=Supreme Courts of Asia|countries_only=yes}}
{{Authority control}}

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