Law:

Section:

Constitution of Pakistan----Arts. 174 & 199---Constitutional petition under Art.199 of the Constitution on behalf of the State was filed before High Court by Prosecutor General of the Province---Competency---Constitutional petition was dismissed by High Court on technical grounds that the same had not been properly instituted for Secretary, Prosecution of the Province and not the Prosecutor-General should have instituted the constitutional petition for redressal of grievance subject to Art. 174 of the Constitution---Validity---Impugned order of High Court was set aside and permission was accorded to the Province by the Supreme Court to file petition under Art. 199 of the Constitution through Secretary, Prosecution for redressal of grievance. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---In these cases Constitutional Petition filed by the petitioner under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, has been dismissed, on technical grounds, as the same has not been properly instituted. 2. We have inquired from the learned counsel that to meet with the requirement of Article 174 of the Constitution while invoking the jurisdiction of the learned High Court under Article 199, it is not possible for the Province of the Punjab to sue the respondents through the Secretary Prosecution. He candidly conceded and stated that although under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, the Prosecutor-General and the Additional…

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