History of the Supreme Court of Pakistan

[3] It possesses exclusive original jurisdiction for the settlement of intergovernmental disputes between federal and provisional governments and high courts Inter se.

Perhaps, the most controversial case of at that time was the Maulvi Tamizuddin Khan vs. the Governor-General, in which the Supreme Court solidified the "Doctrine of necessity" by well quoted by Chief Justice Munir: Relying on the Bracton's maxim, that which is otherwise not lawful is made lawful by necessity', thereby providing the label that would come to be attached to the judgment and the doctrine that it was establishing.

"[6] Another major case that was heard by the Supreme Court bench led by Chief Justice Muhammad Shahabuddin was on 7 October 1958.

", under which the majority of Chief Justice Shahabuddin bench provided the legal validation of the martial law imposed by President of Pakistan Iskander Mirza.

Refusing to take oath deprived them from continuing as judges, which was later termed as un-constitutional move by General Musharraf.

Nawaz Sharif, Prime minister at that time, harshly criticised the Chief Justice during the proceedings and was found in contempt.

On 30 November 1997, Sharif appeared before the Supreme Court along with party workers, members, chief ministers, and constituents to hear the proceedings.

Unruly party workers stormed into the Supreme Court, forcing Chief Justice Sajjad Ali Shah to remove the finding of contempt against Sharif.

Hundreds of PML-N supporters and members of its youth wing, the Muslim Students federation (MSF), breached the police barrier around the courthouse when defence lawyer S.M.

The mob, led by ruling Punjabi party member Sardar Naseem and the retired Colonel Mushtaq Tahir Kheli, Sharif's political secretary, chanted slogans against the Chief Justice.

Famous PTV anchor Tariq Aziz threw and broke the portrait of the founder of Pakistan, Quaid-e-Azam Muhammad Ali Jinnah.

Police eventually managed to restore normalcy using batons and tear gas both inside and outside the courthouse, but the court could only proceed for about 45 minutes.

However, Musharraf later decided to retain power and enacted the Seventeenth Amendment in December 2003, largely incorporating the 2002 Legal Framework Order into the Constitution.

[11] On 9 March 2007 a presidential reference was served to the Chief Justice, Iftikhar Muhammad Chaudhry, attempting to suspend him.

[17] On 15 February 2008 the Supreme Court delivered a detailed judgement to validate the Proclamation of Emergency on 3 November 2007, the Provisional Constitution Order No.

Before the procession could reach Islamabad, the Prime Minister Yousuf Raza Gilani appeared on national television and announced unconditional restoration of the judiciary.

[19] General Ashfaq P. Kayani, the Chief of Army Staff, also had an important role by silently intervening and encouraging a rapprochement between the government and the opposition.