| Citation(s) |
|---|
| 2015 SLG 2128 2015 SLD 2128 2015 SCMR 1550 |
Supreme Court of Pakistan
Civil Appeals Nos. 1646 and 2000 of 2006 and Civil PetitionNo. 782-K of 2009, decided on 21st April, 2015. (Against thejudgment dated 18-2-2009, 10-8-2006 of the High Court ofSindh, Karachi passed in C.P. No. D-2659 of 1994, C.P. No.34-D of 1995)
MIAN SAQIB NISAR, GULZAR AHMAD AND MAQBOOL BAQAR, JJ
Tariq Javed, Advocate Supreme Court for Appellants (in C.A. No. 1646 of 2006). Abdul Ghaffar Khan, Advocate Supreme Court for Appellants (in C.A. No. 2000 of 2006). M. Bilal, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for FBR
Civil Appeals Nos. 1646 and 2000 of 2006 and Civil PetitionNo. 782-K of 2009, decided on 21st April, 2015. (Against thejudgment dated 18-2-2009, 10-8-2006 of the High Court ofSindh, Karachi passed in C.P. No. D-2659 of 1994, C.P. No.34-D of 1995)
MIAN SAQIB NISAR, GULZAR AHMAD AND MAQBOOL BAQAR, JJ
Tariq Javed, Advocate Supreme Court for Appellants (in C.A. No. 1646 of 2006). Abdul Ghaffar Khan, Advocate Supreme Court for Appellants (in C.A. No. 2000 of 2006). M. Bilal, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for FBR
Messrs MFMY INDUSTRIES LTD. and othersVsFEDERATION OF PAKISTAN through Ministry of Commerce and others
Law:
Section:
(a) Constitution of Pakistan--- ----Preamble---State, organs of---Legislature, Executive and Judicature---Objects and functions---Importance of judiciary in a State explained. State constituted three foundational organs i.e. Legislature, Executive and Judicature. In ordinary parlance, these (organs) were also known to be the three pillars of the State. Entire structure of the State was founded, built upon, and secured only on account of the said pillars. Due to lack/absence or imbalance in respect of any of these organs/pillars, the very concept of State was periled and its existence was put at risk. Main objects and functions of the legislative branch of the State was to make laws, which (laws) obviously defined and prescribed the rights and obligations of the citizens/persons and the duties of the State; these laws ordained the functions which the State could and had to perform vide various organs. Legislative limb also enabled a broader mechanism for State governance by drawing policies and issuing and passing resolutions on numerous important aspects expedient for the effective functioning of the State. Legislature may also provide for machinery through which laws and directives etc. were or should be implemented and enforced. Legislature formulated and constituted the positive law of the State. Object of executive was not only to carry out and run the affairs of the State in accordance with the laws made by the legislature and any policy/direction given to it, but also to comply with laws, follow the established rules, norms and standards expedient and necessary for the due administration of the State. Thus, executive was responsible for the governance of the State and for carrying out its affairs in consonance with the rule of law. According to the constitutional set up of Pakistan, executive primarily emanated out of the legislative branch of the State i.e. out of the chosen representatives of the people, therefore, there remained no strict separation of power between the legislature and the executive. Rather practically there was considerable harmony and also collaboration between these two branches of the State. These branches at times supported and…