| Citation(s) |
|---|
| 2018 SLG 1697 2018 SLD 1697 2018 CLC 1275 |
W.P. No. 3481 of 2016, decided on 29-12-2017. Date of hearing: 22-09-2017.
G.M. Chaudhry, Advocate Supreme Court, Raja Muhammad Shafaqat Khan Abbasi, Advocate Supreme Court, Husnain Ibrahim Kazmi, Advocate Supreme Court and Ch. Shafiq Ur Rehman, Advocate Supreme Court for Petitioner. Afnan Karim Kundi, Additional Attorney-General, Kh. Muhammad Imtiaz, Assistant Attorney-General, Kashif Ali Malik, Advocate Supreme Court, Tariq Mehmood Jehangiri, Advocate Supreme Court and Muhammad Nazir Jawad, Advocate Supreme Court for
Respondents.
FARRUKH NAWAZ BHATTI
VS
FEDERAL GOVERNMENT THROUGH PRIME MINISTER OF PAKISTAN AND 3 OTHERS
Law:
Section:
(a) Words and phrases--- ----"Conflict of interest"---Defined. (b) Administration of justice--- ----What cannot be done directly can also not be done indirectly. (c) Interpretation of statutes--- ----Reading in, principle of---Scope---High Court can neither add anything to the statute nor read into it something not provided therein. (d) Capital Development Authority Ordinance (XXIII of 1960)--- ----Preamble--- Establishment of Authority---Object, purpose and scope---Authority established under Capital Development Authority Ordinance, 1960 was intended by legislature to be an independent and autonomous regulatory authority to plan, develope and regulate all matters in connection with establishing capital of Pakistan. (e) Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 6 & 8---Ex-officio Chairman, appointment of---Scope---Criteria and conditions prescribed under S. 6 read with S. 8 of Capital Development Authority Ordinance, 1960 left no ambiguity that neither can an ex-officio member be appointed nor can a person be directed to discharge functions of Chairman of Board on part-time basis in absence of exceptional circumstances. (f) Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Quo Warranto, writ of---Preconditions---For issuance of writ of Quo Warranto, firstly, an application has to be made by 'any' person, who need not to be aggrieved, secondly, person against whom a writ is being sought must be within territorial jurisdiction of High Court before which petition has been filed, thirdly, application must be in respect of requiring such a person to show that as to under what authority of law he claims to hold that office---Writ in the nature of Quo Warranto can only be issued if such conditions are fulfilled. (g) Capital Development Authority Ordinance (XXIII of 1960)--- ----Ss. 6 & 8---Islamabad Capital Territory Local Government Act (X of 2015), Ss. 2(z), 3 & 12---Constitution of Pakistan, Art. 199---Constitutional petition---Writ of Quo Warranto---Chairman of Capital Development Authority---Additional charge---Dispute was with regard to appointing Mayor of Metropolitan Corporation of Islamabad with additional charge as…
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