IN THE SUPREME COURT OF PAKISTAN 
 
(Original Jurisdiction) 
 
 
 
PRESENT: 
 
Mr. Justice Iftikhar Muhammad Chaudhry, HCJ 
 
Mr. Justice Gulzar Ahmed 
 
Mr. Justice Sh. Azmat Saeed 
 
 
Constitution Petition No.05 of 2013 
(Challenging the constitution of Election 
Commission of Pakistan) 
 
Dr. Muhammad Tahir-ul-Qadri 
….Petitioner 
  
 
 
 
Versus  
 
 
 
The Federation of Pakistan,  
thr. Secretary M/O Law, Islamabad & others 
Respondent 
 
 
Petitioner:  
 
 
 
In person 
 
On Court Notice &  
For the Federation: (R-1&3)  
Mr. Irfan Qadir, A. G. for Pakistan 
 
 
 
For Election Commission: 
 
Mr. Muhammad Munir Peracha, Sr. ASC 
 
 
 
 
 
 
Mr. Mehmood A. Sheikh 
 
 
 
 
 
 
Mr. Abdul Rehman, Addl.DG. Legal 
 
For Parliamentary Committee: 
Mr. Muhammad Latif Qureshi,  
Joint Secy. National Assembly 
 
Dates of hearing:  
 
 
11 to 13.02.2013 
 
ORDER 
 
 
Iftikhar Muhammad Chaudhry, CJ.— For reasons to be 
recorded later it is held that petitioner, Dr. Muhammad Tahir-ul-Qadri 
has failed to make out a case for exercising the discretionary 
jurisdiction by this Court under Article 184(3) of the Constitution of the 
Islamic Republic of Pakistan, for the facts that violation of any of the 
Fundamental Rights under Chapter 1 of Part II of the Constitution  has 
neither been listed in the petition nor established during course of 
arguments, despite of insistence by the Bench to do so. The  petitioner 
has also failed to prove his bona fides in view of the facts, which have 
Constitution.P.5/13 
2 
been noticed at the hearing of the case, to invoke the jurisdiction of 
this Court coupled with the fact that under the peculiar circumstances 
he has no locus standi to claim relief as it has been prayed for in the 
petition, inter alia, for the reasons that being a holder of dual 
citizenship, he is not qualified (disqualified) to contest the election to 
the Parliament in view of the constitutional bar under Article 63(1)(c) 
of the Constitution, which has been interpreted by this Court in the 
case of Syed Mehmood Akhtar Naqvi v. Federation of Pakistan (PLD 
2012 SC 1089). 
2. 
  
However, it is loudly and clearly observed that as a voter 
like other overseas Pakistanis, whose names have been incorporated in 
the Electoral Rolls, he can exercise his right of vote as this right is 
recognized under the Constitution and has also been held by this Court 
in the case of Yasmin Khan v. Election Commission of Pakistan (1994 
SCMR 113), which was finally disposed of vide judgment in 
Constitution Petition 26/1993 dated 18.12.1993. Thus, the petition is 
dismissed.  
3. 
  
Before parting with the short order, it is essential to note 
that at the time of concluding his arguments on the points noted 
hereinabove, he started making uncalled for aspersions against the 
member of the Bench, which are tantamount prima facie to undermine 
its authority calling for action against him for Contempt of Court under 
Article 204(3) of the Constitution read with section 3 of the Contempt 
of Court Ordinance, 2003. However we, while exercising restraint, 
have decided not to proceed against him following the principle that 
such jurisdiction has to be exercised sparingly on case to case basis. 
 
Chief Justice 
 
 
Judge 
 
 
Judge 
Islamabad, the 
13th February, 2013 
