| Citation(s) |
|---|
| 2005 SLG 1820 2005 SLD 1820 = 2005 PLD 150 |
Lahore High Court
Writ Petition No. 18577 of 2004, decided on 1st December,2004
SYED, JAMSHED ALI, SHEIKH ABDUR RASHID AND M. BILAL KHAN, JJ
A.K. Dogar, Ch. Muhammad Arif, Afzal Ali Haider, Mubeen-ud-Din Qazi, Dr. Hameed Ahmad Ayyaz, Tariq Aziz, Riaz Hanif Rahi and Ch. Naseer Ahmad Bhutta for Petitioner. Dr. Danishwar Malik, Dy.A.-.G., M. Hanif Khatana Add1.A.G. with Tahir Ahmed Gondal, A.A.G.
Writ Petition No. 18577 of 2004, decided on 1st December,2004
SYED, JAMSHED ALI, SHEIKH ABDUR RASHID AND M. BILAL KHAN, JJ
A.K. Dogar, Ch. Muhammad Arif, Afzal Ali Haider, Mubeen-ud-Din Qazi, Dr. Hameed Ahmad Ayyaz, Tariq Aziz, Riaz Hanif Rahi and Ch. Naseer Ahmad Bhutta for Petitioner. Dr. Danishwar Malik, Dy.A.-.G., M. Hanif Khatana Add1.A.G. with Tahir Ahmed Gondal, A.A.G.
MUHAMMAD RAFIQUEVsFEDERATION OF PAKISTAN through Secretary, Law Justice and Human Rights Division, Islamabad and another
Law: Constitution of Pakistan, 1973
Section: 17, 25, 89 & 199
Law: Legal Practitioners and Bar Councils Act, 1973
Section: 5(2)
(a) Constitution of Pakistan (1973)-------Arts.89 & 199---Power of President to promulgate Ordinance--�Scope---Ordinance, under the Constitution, being a legislative Act, an Ordinance and an Act of the Parliament stand at the same footing---Plea of mala fide in promulgating Ordinance is not available, such being a legislative act---Sole Judge of existence of circumstances rendering it necessary to take immediate action under Art.89 of the Constitution is the President and it lies within his subjective satisfaction and thus beyond the reach of the High Court in exercise of its Constitutional jurisdiction under Art. 199 of the Constitution. Syed Akhlaque Hussain, Advocate PLD 1965 (W.P.) Lah. 147; Bendoari Lal Sharma's case 72 IA 57; Fouji Foundation and another v. Shamimur Rehman PLD 1983 SC 457 and Mehr Zulfiqar Ali Babu and others v. Government of the Punjab and others PLD 1997 SC 11 ref.(b) Legal Practitioners and Bar Councils Act (XXXV of 1973)-------S. 5(2)[as substituted by Legal Practitioners and Bar Councils (Amendment) Ordinance (III of 2004)]---Constitution of Pakistan (1973), Arts. 17, 25, 89 & 199---Constitutional petition ---Vires of S.5, Legal Practitioners and Bar Councils Act, 1973 as substituted by Legal Practitioners and Bar Councils (Amendment) Ordinance, 2004---Held, provision of S.5, Legal Practitioners and Bar Councils Act, 1973 (as substituted) is not ultra vires of any provision of the Constitution and is applicable to the elections to the Punjab Bar Council Scheduled for 20-12-2004---Petitioners, who had duly been nominated as contesting candidates for 2004 elections to the Punjab Bar Council before the promulgation of Legal Practitioners and Bar Councils (Amendment) Ordinance, 2004 are entitled to contest the forthcoming elections and the amendment raising the eligibility threshold to contest the said elections from 7 to 10 years is not applicable to their extent---High Court directed that names of such candidates shall be included in the list of the contesting candidates for the forthcoming Punjab Bar Council elections and the list of the nominated candidates formulated as a result of revised Schedule shall stand…