The Supreme Court of Pakistan (SC) (Urdu: عدالت عظمیٰ پاکستان; Adālat-e-Uzma Pākistān) is the apex court in the judicial hierarchy of Pakistan, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It also has a number of Branch Registries where cases are heard. The court has a number of de jure powers, outlined in the Constitution. Through several periods of military rule and constitutional suspensions (see Doctrine of necessity), the court has also established itself as a de facto check on military power.
It has the appellate jurisdiction over all high courts (including provincial high courts, district courts, and special courts) and federal courts, as well as original jurisdiction over a few types of cases. The Supreme Court is made up of a chief justice and a number of senior justices who are nominated by the President after consulting the Prime minister. Once appointed justices are expected to complete a designated term and then retire, unless they are removed by the Supreme Judicial Council after receiving a presidential reference regarding misconduct of judge(s).
History
The Supreme Court of Pakistan is the highest appellate court of the country and court of last resort. It is the final arbiter of the law and the Constitution. Its orders/decisions are binding on all other courts in the country. All executive and judicial authorities are bound to act in aid of the Supreme Court. The Constitution contains elaborate provisions on the composition, jurisdiction, powers and functions of the Court. The qualifications for and mode of appointment of judges, the age of retirement, the grounds and procedure for removal and the terms and conditions of service of judges are elaborately prescribed. The Constitution provides for the independence of judiciary and its separation from the executive. The Constitution assigns the Supreme Court a unique responsibility of maintaining harmony and balance between the three pillars of the State, namely, the Legislature, the Executive and the Judiciary. As guardian of the Constitution, the Court is required to preserve, protect and defend this basic document.
The Supreme Court exercises original, appellate and review jurisdiction. It possesses exclusive original jurisdiction for the settlement of intergovernmental disputes between Federal and Provincial Government(s) or Provincial Governments inter se. Under this jurisdiction, the Court pronounces declaratory judgments. The Supreme Court can also exercise original jurisdiction, with respect to the enforcement of fundamental rights, if the case involves an issue of public importance. The Court also exercises advisory jurisdiction, whereunder the President may obtain its opinion on a question of law. Under its appellate jurisdiction, the Court entertains appeals against orders and decisions of High Courts and other special courts/tribunals.
The Supreme Court was created under the Constitution of 1956. It succeeded the Federal Court, set up in 1948, which was successor to the Federal Court of India, established in 1937. Since its creation in 1956, the Supreme Court has retained its name and jurisdiction through the successive legal instruments including the Constitution of 1973.
The Constitution of 1956 provided that the Supreme Court shall sit in Karachi and at such other place as the Chief Justice of Pakistan, with the approval of the President may decide. The Court was housed initially at Karachi but later on shifted to Lahore and housed in the High Court building. The 1973 Constitution provided for the permanent seat of the Court at Islamabad. The non-availability of funds however prevented the construction of the building. The Court shifted in 1974 from Lahore to Rawalpindi and was housed in an improvised building called East Pakistan House. In 1989, funds were allocated for the new building at Islamabad and construction started in 1990. The work was completed and on 31st December 1993, the Court shifted to its new premises in Islamabad.
The present building is a majestic addition on the Constitution Avenue in the Federal Capital. Its white marbled façade depicts the strength of the institution to uphold the principles of rule of law and constitutionalism in the country. The openbook front elevation reflects a unique synthesis of Islamic and Japanese architectural tradition emphasizing the importance of education, transparency and equality before law as avowed objectives of the judicial organ of the State of Pakistan. The Court also has branch registries at each of the four provincial headquarters. Cases are filed at principal seat and/or branch registries. Benches of the Court rotate between the principal seat and branch registries to dispose of cases. With wide/broad jurisdiction of the Court, it is a great relief to the litigant parties to have easy and convenient access to justice, closer to home town.
Human Rights Cell
To provide an expeditious and inexpensive remedy in matters relating to infringements of Fundamental Rights enshrined in Chapter II of the Constitution, a Human Rights Cell has been established in the Court. The Cell functions under the direct supervision of the Hon'ble Chief Justice of Pakistan. It is mandated to expeditiously process the complaints and grievances received from the general public by post addressed to the Hon'ble Chief Justice of Pakistan. Reports and comments are called from the concerned quarters under the orders of the Hon'ble Chief Justice of Pakistan and the matters disposed of. The cases requiring hearing are fixed in Court and are decided there. Relief is provided to the poor persons without going through the traditional protracted litigation process.
The public interest litigation in this form paved way for bringing various statutory reforms in matters of general public importance, e.g., the enactment of the Human Organ Transplantation Ordinance 2007, Prohibition of Smoking at Public Places Ordinance, etc.
Quick provision of relief to the common man without any expense has generated a high degree of trust and confidence of the general public in the judiciary as a whole and the apex Court in particular. The Human Rights exercise has also played a pivotal role in eliminating social evils like Vani, Karo-Kari, dangerous kite-flying etc, which were rampant in the society to the detriment of the common man.
Building
The Supreme Court building is situated on the Constitution Avenue and is flanked by the Prime Minister's Secretariat to the south and President's House and the Parliament Building to the north.
The Court Complex is comprised of Main Central Block (having Courtrooms) Judges' Chambers Block and Administrative Blocks. The height of the Main Central Block is 167 feet above the ground. It is surrounded by Judges' Chambers Block to the east and Administrative Block to the north and south.
The Courtrooms are located in the Main Central Block. In all, there are 11 Courtrooms. Five main Courtrooms including Court No. 1 — the Chief Justice's Court are situated at the first floor while the remaining Courtrooms with comparatively less accommodation are located on the ground floor. The Court No. 1 is the biggest Courtroom. It has the capacity to house a Bench of 20 Judges and seating arrangements for 160 persons. Full Court References on different occasions, opening and closing of judicial years, retirement of a Judge, demise of a retired or a sitting Judge, etc., are held in this Courtroom. The other Courtrooms at the first floor have a capacity of housing a Bench of five to seven Judges. The Courtrooms at the ground floor are designed to house Benches with smaller number of Judges, usually two to three. At the basement of this block is located the Court Auditorium with an elegant dais. It has the capacity of 1000 participants. Spacious halls adjoin the auditorium on its right and left as serving areas for the participants.
The Judges' Chambers Block houses the chambers and offices of the Chief Justice, 20 Judges and the Registrar. The library containing a collection of 72,000 books, reports and journals is situated in the basement. This Block also contains an impressive Entrance Hall, a Conference Room and a Dinning Hall (Judges' Lounge). The two Administrative Blocks contain mainly the offices of the administrative officers and other members of the staff of the Court. The northern Block is occupied by the staff of the Supreme Court. The southern Block houses the offices of the Attorney General for Pakistan, the Advocates-General of the Provinces, the Pakistan Bar Council, the Supreme Court Bar Association, Bar Room, Secretariat, Law & Justice Commission of Pakistan, etc. Cafeteria is also situated on the ground floor of this Block.
The total covered area of the existing building is 3,39,861 S.ft. In Phase-II, some additional blocks with a covered area of 1,34,000 S.ft, are currently under construction. They are, in fact, extension of the administrative blocks towards the rear of the building, joining them with the Judges Chambers Block. With the completion of Phase-II, the total covered area of the complex will increase to 4,73,861 S.ft. Thus, the immediate needs of office accommodation for various offices of the Court, and other bodies housed in the premises will be met.
The building's design was prepared by a famous Japanese firm, M/S Kenzo Tange Associates. The Pakistan Environmental Planning and Architectural Consultants (PEPAC) served as consultants and interior designers. The civil and electrical works of the building were carried out by M/S Moinsons (Pvt.) Ltd and M/S Siemens (Pvt.) Ltd respectively. The total cost of Phase-I was rupees 6,05.960 million. The estimated cost of Phase- II is rupees 1069.293 million.
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