Law:

Section:

Khyber Pakhtunkhwa Ehtesab Commission Act (I of 2014)- ----S. 6---High Court (Lahore) Rules and Orders Vol. V, Chap. 10---Constitution of Pakistan. Art.10-A---Ehtesab Commission---Constitution of Selection Committee consisting of Judges of the Administration Committee of High Court and Advocate-General--Administration Committee of High Court---Appointment of officials/staff of Ehtesab Commission through Administration Committee of High Court---Involvement of judiciary in executive/administrative function of government, Separation of judiciary from executive---Scope---Provincial Government introduced amendment in Khyber Pakhtunkhwa Ehtesab Commission Act, 2014 whereby Selection Committee consisting of Judges of Administration Committee of the High Court and Advocate-General was constituted for appointment of staff of Ehtesab Commission---Validity---Administration Committee of High Court (Peshawar) was only meant for disposal of internal executive and administrative business of High Court and Courts subordinate thereto---Said Committee could not be involved in outside selection process of government departments/institutions which were amenable to constitutional jurisdiction of High Court---High Court might become subject of controversy and criticism of general public for executive/administrative job/function if appointment of officials of Ehtesab Commission was made through it---Judiciary had been separated from Executive as a consequence of fulfillment of a constitutional requirement---Impugned amendment in Khyber Pakhtunkhwa Ehtesab Commission Act, 2014 was made against the trichotomy of powers envisaged in the Constitution---Fundamental rights of citizens to have access to impartial and fair justice had been violated through the impugned amendment---Provincial Government was advised by the High Court to reconsider/revisit the impugned amendment in the interest of good governance---Constitutional petition was allowed in circumstances. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---.--- Arbab Muhammad Usman Khan, as President, Peshawar High Court Bar Association, Peshawar, invoked the writ jurisdiction of this Court under Article 199 of the…

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