| Citation(s) |
|---|
| 2018 SLG 142 2018 SLD 142 2018 PLD 198 |
I.C.A. No. 77347 of 2017, decision Date : 05-12-2017, hearing Dates: 29-09-2017, 2nd, 3rd, 10th, 11th, 18th, 19th, 24th, 25th, 27th, 30th, 31-10-2017, 1st, 6th, 9th, 14th, 16th, 21st, 22nd and 24-11-2017
ABID AZIZ SHEIKH, JUSTICE, SHAHBAZ ALI RIZVI, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Appellants by: Khawaja Haris Ahmad assisted by Khurram Shahzad Chughtai, Ghulam Subhani, Islam Bin Haris, Ateeq Rafique, Hajra Zia, Ramsha Shahid and Saleem Akhtar Sheikh. Shan Gull, Additional Advocate General Punjab. Azam Nazir Tarar, and Barrister Asad Ullah Chatha in connected mater (I.C.A. No.86398/2017. Ali Zia Bajwa, assisted by Ms. Aalia Ijaz in connected matter (I.C.A. No.81068/2017). Malik Adeel Ehsan.
Respondents by: Syed Ali Zafar assisted by Zahid Nawaz Cheema, Mubashir Aslam Zar, Jahanzeb Sukhera, Ms. Sara Majeed, Ms. Naima Arif and Ms. Namra Raees. Khawaja Ahmad Tariq Raheem, Muhammad Azhar Saiddique, Addel Hassan, Sajid Ali Khan, Hassan Tariq Khawaja, Ms. Hafza Mafia Kausar, Humayon Faiz Rasool, Nasir Iqbal Qadri, Abdullah Malik, Ishtiaq A. Chaudhry, Muhammad Rizwan, S. Parveen Mughal, Muhammad Irfan, Munir Ahmad, Mian Shabbir Asmail, Usman Azam Gondal, Uzma Razzaq Khan, Naeem ud Din Chaudhry, Shakeel Maneka, Ans Gul and Malik Yasir Siddique.
PROVINCE OF PUNJAB
VS
QAISAR IQBAL AND Others
Law: Punjab Tribunals of Inquiry Ordinance, 1969
Section: 3(1)
Law: Punjab Transparency and Right to Information Act, 2013
Section: 7(2)
Law: Constitution of Pakistan, 1973
Section: 19A,199
(a) Judgment--- ----Incorrect provision of law---Mere non-mentioning or wrong citation of a provision of law (in the ) would not per se vitiate the . [Case-law referred.] (b) Punjab Tribunals of Inquiry Ordinance (II of 1969) --- ----S. 3(1)---Punjab Transparency and Right to Information Act (XXV of 2013), S. 7(2)---Constitution of Pakistan, Arts. 19A & 199---Constitutional petition filed before the High Court seeking to make public a judicial inquiry report prepared by a "One Man Tribunal" relating to an incident in which fourteen (14) people were killed and many injured by the police during a protest staged by a political party---Maintainability---Alternate remedy---Scope---Plea of Provincial Government that alternate remedy was available to the petitioners under the Punjab Transparency and Right to Information Act, 2013, thus, the Constitutional petition was not maintainable; held, that perusal of prayer clause of Constitutional petition showed that petitioners therein made two prong prayer---In first part, the petitioners sought direction to immediately provide them the report of the Tribunal and in the second part the petitioners sought direction to make the report public to ensure the Fundamental Rights of the petitioners as well as people of the country under Art. 19-A of the Constitution---First part of prayer for providing the report to the petitioners was indeed covered under the jurisdiction of the Public Information Officer under the Punjab Transparency and Right to Information Act, 2013, however, the second relief which sought to make the report public for information of people of the country was not within the domain of the Public Information Officer under the Act of 2013 but the said relief could only be granted through enforcement of Fundamental Right of all citizens of the country under Art.19-A of the Constitution---Constitutional petition was held to be maintainable accordingly. [Case-law referred.] (c) Equity--- ---- Equitable relief---Such relief could not be granted to a person who came to the court with unclean hands. (d) Law Reforms Ordinance (XII of 1972)--- ----S. 3---Intra-court appeal---Locus standi of appellant---Where a person…
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