Supreme Court overrules Registrar's objections against Constitution Petition challenging the KPK Power Crusher Rules

Supreme Court overrules Registrar’s objections against Constitution Petition challenging the KPK Power Crusher Rules

Ch. Imran Hassan Ali is representing the Petitioners in a Constitution Petition before the Supreme Court of Pakistan challenging the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Rules, 2020, as being ultra vires of the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Act, 2020 (KPK Act No. 1 of 2020) as well as the Constitution of the Islamic Republic of Pakistan, 1973.

On 15-01-2021, the Registrar of the Supreme Court refused to register the Constitution Petition and declared that under the Cosntitution such a petition could not be filed directly before the Supreme Court. He observed that the Petitioners should first approach the relevant High Court with their grievance.

The Petitioners challenged the said order of the Registrar through a Miscellaneous Appeal. On 12-04-2021, Ch. Imran Hassan Ali was heard in support of the appeal by the Honourable Justice Mushir Alam in chambers who allowed the appeal and overruled the objections of the Registrar and directed him to register the Constitution Petition so that it may be taken up by the Court on the judicial side.

To follow further progress of this case, click here.

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