IN THE SUPREME COURT OF PAKISTAN  
 
    (Review Jurisdiction)  
 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Maqbool Baqar 
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Sajjad Ali Shah 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Munib Akhtar  
Mr. Justice Yahya Afridi 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Amin-ud-Din Khan  
 
CIVIL REVIEW PETITION NO.296 of 2020 a/w 
Civil Misc. Application No.1243 of 2021 & 
 
CIVIL REVIEW PETITION NO.297 of 2020 & 
 
CIVIL REVIEW PETITION NO.298 of 2020 & 
 
CIVIL REVIEW PETITION NO.299 of 2020 & 
 
CIVIL REVIEW PETITION NO.300 of 2020 & 
 
CIVIL REVIEW PETITION NO.301 of 2020 & 
 
C.M.A NO.4533 OF 2020 IN CRP NO. NIL OF 2020 &  
 
CIVIL REVIEW PETITION NO.308 of 2020 &  
 
CIVIL REVIEW PETITION NO.309 of 2020 &  
 
CIVIL REVIEW PETITION NO.509 of 2020.   
 
Justice Qazi Faez Isa  
      … Petitioner(s) 
(in CRP No.296/2020) 
 
 
Sindh High Court Bar Association  
      … Petitioner(s) 
(in CRP No.297/2020) 
 
 
Mrs. Sarina Isa 
      … Petitioner(s) 
(in CRP No.298/2020) 
 
 
 
 
Supreme Court Bar Association  
      … Petitioner(s) 
(in CRP No.299/2020) 
 
 
CRP.296 of 2020, etc.   
2
Muhammad Asif Reki President  
Quetta Bar Association   
      … Petitioner(s) 
(in CRP No.300/2020) 
 
 
Shahnawaz Ismail, VC Punjab Bar 
Council   
      … Petitioner(s) 
(in CRP No.301/2020) 
 
 
Balochistan Bar Council   
      … Petitioner(s) 
(in CRP No.308/2020) 
 
 
Pakistan Federal Union of Journalists  
      … Petitioner(s) 
(in CRP No.309/2020) 
 
 
Abid Hassan Minto  
     … Applicant(s) 
(in CMA No.4533/2020 
in CRP No.Nil of 2020) 
 
 
Pakistan Bar Council thr. VC 
     … Applicant(s) 
 (in CRP.509 of 2020) 
 
 
 
 
VERSUS 
 
The President of Pakistan and others  
      …Respondent(s) 
(in CRP.296-301& 308-309 & 
CRP.509 of 2020) 
 
 
The Supreme Judicial Council thr.  
its Secretary and others  
     … Respondent(s) 
(in CMA No.4533 of 2020) 
 
 
 
 
For the petitioner(s) 
: Mr. Justice Qazi Faez Isa (in-person) 
 (in CRP.296/2020) 
 
Mr. Rasheed A. Rizvi, Sr. ASC.  
(through Video Link from Karachi). 
(in CRP.297 & 309/2020) 
 
Mrs. Sarina Faez Isa (In-person) 
(in CRP.298/2020) 
 
Mr. Hamid Khan, Sr. ASC.  
Syed Rifaqat Hussain Shah, AOR.  
(in CRP.299, 300, 301 & 308/2020) 
 
Nemo. 
(in CMA.4533/2020) 
 
Nemo. 
(in CRP.509/2020) 
 
 
 
 
For Federation of Pak. 
: Ch. Aamir Rehman, Addl. AGP.  
 
 
 
For President, PM & 
AGP.  
: Mr. Sohail Mahmood, Addl. AGP. 
 
 
 
Dates of hearing  
: 02.03.2021; 03.03.2021; 08.03.2021; 
17.03.2021 & 18.03.2021. 
 
 
 
 
*  *  *  *  *  *  
 
 
CRP.296 of 2020, etc.   
3
O R D E R 
 
 
Umar Ata Bandial, J. Civil Misc. Application 
No.1243 of 2021. For reasons to be recorded later, this Misc. 
Application is dismissed. However, the right of the people to 
have access to information in matters of public importance 
under Article 19-A of the Constitution is recognized, the 
details and modalities of which are to be decided by the Full 
Court on the administrative side.  
  
         
 
  
 
 
 
Sd/- 
JUDGE 
I have given my separate note. 
Sd/- 
JUDGE 
 
 
 
 
 
Sd/- 
JUDGE 
I have attached my separate note. 
Sd/- 
JUDGE 
 
 
 
 
 
Sd/- 
JUDGE 
I have appended separate note. 
Sd/- 
JUDGE 
 
 
 
 
 
Sd/- 
JUDGE 
I have appended my reasons for the 
dismissal. 
Sd/- 
JUDGE 
 
 
 
 
 
Sd/- 
JUDGE 
Announced in Court on 
13th April, 2021.  
 
 
 
 
 
J(2). 
  
Sd/- 
JUDGE 
 
NOT APPROVED FOR REPORTING.  
CRP.296 of 2020, etc.   
4
 
Yahya Afridi, J. For the reasons already recorded in my 
judgment delivered in Constitution Petition No.17 of 2019, the 
present Civil Miscellaneous Application No.1243 of 2021 is 
dismissed, as the relief sought by the petitioner would “negate 
the very spirit of the oath taken by the petitioning Judge”.    
2. 
 
However, for the reasons to be recorded later, I 
find the right of the public to have access to live-streaming or 
audio-video recording, written transcript or any other 
medium, of the court hearings in the proceedings of public 
importance, including those under Articles 184(3) and 186 of 
the Constitution, is their fundamental right under Article 19A 
of the Constitution. The Registrar of this Court is, therefore, 
directed to place the matter before the Full Court for 
appropriate steps as it deems fit, under Article 191 of the 
Constitution, to effectuate this fundamental right of the 
public. 
 
 
 
 
 
 
 
 
   Sd/- 
Judge  
 
CRP.296 of 2020, etc.   
5
Short Order 
 
For the reasons to be recorded later, we dispose of the 
miscellaneous application (CMA No.1243/2021) filed by the Petitioner in review 
petition (CRP No.296/2020) in the following terms: 
(i)  
Article 19-A of the Constitution of the Islamic Republic of Pakistan, 
1973 (“Constitution”) creates an obligation on State institutions, 
including the Judiciary, to take the necessary measures to ensure 
realization of the fundamental right of citizens to have access to 
information in matters of public importance. Cases under Article 184(3) 
of the Constitution, including review petitions and other matters arising 
therein, are matters of public importance, and the public has a right to 
know and see how proceedings in these cases are conducted and 
concluded by the Court. We, therefore, hold that Live Streaming (audio 
and video) of court hearings of these cases should be made available for 
information of the public through a link on the official website of this 
Court, and for this purpose the Registrar of this Court should take steps 
to provide for the requisite technological infrastructure and make 
arrangements for necessary amendments in the Rules under Article 191 
of the Constitution to regulate its practice and procedure in this regard; 
(ii) Keeping in view the current state of technological infrastructure 
available in this Court and the fact that the review petitions filed in the 
case are fixed for hearing, we direct the audio recording of the 
proceedings of the court hearings of the said review petitions to be made 
available to the public through a link on the official website of this 
Court. The Registrar of this Court shall ensure that the un-edited audio 
recording of the proceedings of the court hearing of the review petitions 
is made available to the public on the official website of the Court on the 
same day soon after the hearing and before the close of the working 
hours. 
 
 
 
 
 
 
 
Announced. 
Islamabad, the 
13th April, 2021. 
             Sd/- 
(Maqbool Baqar, J.) 
             Sd/- 
(Manzoor Ahmad Malik, J.) 
             Sd/- 
(Mazhar Alam Khan Miankhel, J.) 
             Sd/- 
(Syed Mansoor Ali Shah, J.) 
 
 
CRP.296 of 2020, etc.   
6
ORDER OF THE BENCH: 
 
 
 
 
By majority of 6 to 4 (Maqbool Baqar, J; Manzoor 
Ahmad Malik, J; Mazhar Alam Khan Miankhel, J and Syed 
Mansoor Ali Shah, J dissenting), Civil Misc. Application No.1243 of 
2021 is dismissed.   
 
         
 
  
 
 
 
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JUDGE 
 
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JUDGE 
 
 
 
 
 
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Announced in Court on 
13th April, 2021.  
 
 
Sd/- 
 
 
 J(2). 
  
Sd/- 
JUDGE 
 
APPROVED FOR REPORTING.  
  
