Case Details

Citation(s)
2020 SLG 369 2020 SLD 369 2020 PLD 122
Lahore High Court
Writ Petition No. 2387 of 2019, heard on 13-09-2019.
MIRZA VIQAS RAUF, JUSTICE
Petitioner(s) by: Farooq H. Naek and Zia-ul-Hassan Lanjar
Respondent(s) by: Mujeeb-ur-Rehman Kiani, Additional Advocate General for Punjab Nos. 1 to 6.Salman Talibuddin, Advocate General for Sindh and Barrister Shabir Shah, Additional Advocate General

MRS. FARYAL TALPURVSPROVINCE OF PUNJAB THROUGH CHIEF SECRETARY, LAHORE AND 6 OTHERS

Law: Constitution of Pakistan, 1973

Section: 109,141,199

Law: National Accountability Ordinance, 1999

Section: 9(a)(iv)

Law: Rules of Procedure of Provincial Assembly of Sindh, 2013

Section: R.82,82(2)(3)

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Developments during pendency of lis---Effect---High Court while exercising Constitutional jurisdiction is not supposed to shut its eyes on developments occurred during pendency of lis and reasons for such events---Party cannot be knocked out merely on basis of technicalities if once it is established that there is infringement of any right, Constitutional provision or Law. (b) Rules of Procedure of Provincial Assembly of Sindh, 2013--- ----R. 82---National Accountability Ordinance (XVIII of 1999), S.9(a)(iv)---Constitution of Pakistan, Arts. 109 & 141---Production order, issuance of---Federal Government---Impleadment as necessary party---Scope---Petitioner was Member provincial assembly of Sindh province and she was arrested by National Accountability Bureau and detained in province of Punjab---Despite issuance of production order by Sindh Provincial Assembly, authorities did not produce petitioner to attend session---Plea raised by authorities was that Federal Government was not made party to proceedings---Validity---Intervention or command of Federal Government was not necessary for causing production of petitioner in session of provincial assembly---Federal Government in such eventuality was neither necessary nor proper party and non-impleadment of Federal Government had no adverse bearing---Production order issued by Speaker was an order having legal command and backing so authorities were obliged to proceed in terms thereof---High Court directed the authorities to make arrangements to allow petitioner to attend ongoing session of provincial assembly provided proceedings of Accountability Court were not affected or hindered which had precedence---Constitutional petition was allowed accordingly. Asif Ali Zardari, Senator v. Federation of Pakistan through Secretary Interior, Pakistan, Secretariat, Islamabd and others 1999 SCMR 2166; Action Against Distribution of Development Funds by Ex-Prime Minister Raja Pervaiz Ashraf: In the matter of Constitution Petition No.20 of 2013 PLD 2014 SC 131; Punjanb Higher Education Commission v. Dr. Aurangzeb Alamgir and others PLD 2017…
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