IN THE SUPREME COURT OF PAKISTAN 
 
   (Appellate Jurisdiction) 
 
 
Present: 
 
Mr. Justice Iftikhar Muhammad Chaudhry, HCJ  
Mr. Justice Khilji Arif Hussain 
Mr. Justice Tariq Parvez  
 
 
Civil Misc.Appeal No.1 of 2012 
In 
Const. Petition No.Nil of 2011 
Against order of Registrar of this Court, 
dated 30.12.2011. 
 
 
F. K. Butt  
 
 
 
 
 
Petitioner  
 
VERSUS 
 
President of Pakistan, etc 
 
 
 
Respondents 
 
For the Petitioner(s) 
: 
In person.   
 
On Court’s Notice  
: 
Maulvi Anwarul Haq, AGP. 
 
 
 
Date of Hearing  
: 
07.02.2012 
 
ORDER 
 
 
 
Iftikhar Muhammad Chaudhry, CJ-. This Civil 
Miscellaneous Appeal has been filed under Order V Rule 3 of the 
Supreme Court Rules, 1980 against the following order of 
Registrar of this Court, dated 30.12.2011:- 
“The above cited Constitution Petition filed by you 
under Article 184(3) of the Constitution of Islamic 
Republic of Pakistan, 1973 is not entertainable on 
the following grounds:- 
 
1. President and Prime Minister of 
Pakistan have been made party as 
respondent No.1 & 2, however they 
cannot be made party under Article 
248 of the Constitution of Islamic 
Republic of Pakistan. 
2. That you have no locus standi to file 
this Const. Petition. 
3. That you have not provided the 
certificate as required under Order 
XXV rule 6 of the Supreme Court 
Rules, 1980. 
Civil Misc.Appeal No.1 of 2012 
2 
4. That apparently, none of your 
Fundamental Right guaranteed by 
Constitution, has been violated. 
5. That you may approach the proper 
forum 
for 
redressal 
of 
your 
grievance. 
  
 
This Constitution Petition is, therefore, 
returned 
herewith 
in 
original 
being 
not 
entertainable along with its paper books.” 
 
2. 
 
Appeal against the above order is competent before a 
learned Judge in Chambers in terms of Order V Rule 3 of the 
Supreme Court Rules, 1980. However, instead of disposing of the 
listed Civil Misc.Appeal in Chambers, it was ordered to be 
enlisted in Court under Order V Rule 5 of the Supreme Court 
Rules, 1980, which reads as under:- 
“5. 
The Registrar may, and if so directed by the 
Judge in Chambers, shall at any time, adjourn any 
matter and place it before the Judge in Chambers, 
and the Judge in Chambers may at any time refer 
any matter to the Court and the Court may direct 
that any matter shall be transferred from the 
Registrar or the Judge in Chambers to the Court.” 
 
3. 
 
The learned Attorney General for Pakistan has 
stated that some of the objections have been removed. However, 
when we have inquired from him as to whether the question of 
maintainability or otherwise of the petition can be determined by 
the Registrar, he replied in affirmative. In this behalf, his 
attention has been drawn towards a judgment of this Court in the 
case of All Pakistan Newspapers Society v. Federation of 
Pakistan (PLD 2004 Supreme Court 600). On this, the learned 
Attorney General has submitted that subject to all, just and legal 
exceptions, the Appeal under Order V Rule 3 of the Supreme 
Court Rules, 1980 may be entertained allowing the respondents 
to raise the question of maintainability at the relevant time.  
Civil Misc.Appeal No.1 of 2012 
3 
4. 
 
As the petitioner is aggrieved from the objections 
raised by Registrar of this Court, vide order dated 30.12.2011, 
therefore, having examined the same in the light of the judgment 
noted hereinabove as well as the relevant rules and also after 
hearing the learned Attorney General for Pakistan, whom notice 
was given, the listed Civil Miscellaneous Appeal is allowed, 
subject to all, just and legal exceptions and the office is directed 
to entertain the petition, in accordance with law.      
 
 
 
Chief Justice 
 
 
Judge 
 
 
Judge 
 
 
ISLAMABAD 
07.02.2012 
Zubair 
 
