| Citation(s) |
|---|
| 2016 SLG 535 2016 SLD 535 2016 PLD 377 |
Supreme Court of Pakistan
Civil Appeals Nos. 654 to 660, 330, 735, 1243 to 1259 of2010 and Civil Petition No. 305 of 2010 and Civil AppealsNos. 962, 1073, 1074, 1085 to 1087, 1135, 1139 of 2011 and799 of 2012 and Civil Petitions Nos. 615, 819, 971, 1361,1708, 1762, 2229 of 201
ANWAR ZAHEER, JAMALI, C.J., EJAZ AFZAL KHAN AND MUSHIR ALAM, JJ
For Appellants/Petitioners.Raja Muhammad Asghar, Advocate Supreme Court (in CAs-654 to 656 of 2010).Nemo (in CA-657/10,CPs.819 and 2229/10, CPs.971/10, 887/11, 1128, 1129, 1146, 1147/12).Ahmer Bilal Soofi, Advocate Supreme Court (in CAs-658-659/11,
Civil Appeals Nos. 654 to 660, 330, 735, 1243 to 1259 of2010 and Civil Petition No. 305 of 2010 and Civil AppealsNos. 962, 1073, 1074, 1085 to 1087, 1135, 1139 of 2011 and799 of 2012 and Civil Petitions Nos. 615, 819, 971, 1361,1708, 1762, 2229 of 201
ANWAR ZAHEER, JAMALI, C.J., EJAZ AFZAL KHAN AND MUSHIR ALAM, JJ
For Appellants/Petitioners.Raja Muhammad Asghar, Advocate Supreme Court (in CAs-654 to 656 of 2010).Nemo (in CA-657/10,CPs.819 and 2229/10, CPs.971/10, 887/11, 1128, 1129, 1146, 1147/12).Ahmer Bilal Soofi, Advocate Supreme Court (in CAs-658-659/11,
SHAFIQUE AHMED KHAN and others/ersVsNESCOM through Chairman, Islamabad and others
Law: National Command Authority Act, 2010
Section: 7,9,15
National Command Authority Act (V of 2010)--- ----Ss. 7, 9 & 15---Rules framed under Ss.7, 9 & 15 of National Command Authority Act, 2010---Said Rules were statutory in nature on all accounts and by every attribute---Said Rules had not been framed with the intervention and approval of the Federal Government, but that would not prevent them from being statutory---Rules framed under Ss.7, 9 & 15 of the National Command Authority Act, 2010 were not only broader in their area of efficacy but were also complementary to the parent statute in matters of crucial importance. Legislature while empowering the National Command Authority (Authority) to make Rules, prescribed the terms and conditions in the parent statute (i.e. National Command Authority Act, 2010). In such regard the legislature laid down certain parameters regulating and even restricting the power of the Authority as could be gathered from the provisions contained in sections 7 and 9 of the National Command Authority Act, 2010 ("the Act"). Fact that certain Rules or Regulations were framed without the approval of the Federal Government was not the sole criteria to term them as non-statutory in nature. It was indeed their nature and area of efficacy which were determinative of their status. Rules dealing with instructions for internal control or management were treated as non-statutory while those whose area of efficacy was broader and were complementary to the parent statute in the matters of crucial importance were statutory. The Rules framed under sections 7, 9 and 15 of the Act fell in the latter category as they were not only broader in their area of efficacy but were also complementary to the parent statute in matters of crucial importance. It would rather be naïve and even myopic to equate the Rules of the Authority dealing with matters of crucial importance having so wide a scope and area of efficacy with the instructions meant for internal management and thereby depriving them of their statutory status. Although, said Rules had not been framed with the intervention and approval of the Federal Government, but that would not prevent them from being statutory. Firstly because, approval…