Case Details

Citation(s)
2021 SLG 1203 2021 SLD 1203 2021 CLC 2132
Islamabad High Court
Writ Petition No. 2247 of 2021, decided on 24th June, 2021.
ATHAR MINALLAH, CHIEF, JUSTICE
Farooq H. Naek, Senior Advocate Supreme Court, Barrister Shiraz Shaukat Rajper and Aqeel Akhtar Raja for Petitioner.

SYED KHURSHEED AHMED SHAH

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF INTERIOR AND OTHERS

Law: Rules of Procedure and Conduct of Business in the National Assembly, 2007

Section: 108

Law: Constitution of Pakistan, 1973

Section: 199,69

(a) Rules of Procedure and Conduct of Business in the National Assembly, 2007-- ----R.108---Constitution of Pakistan, Arts.69 199---Constitutional jurisdiction---Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament)---Production of member in custody for a sitting of the Assembly or meeting of Committee---Scope being a member of the National Assembly of Pakistan and having been incarcerated as an under trial prisoner sought direction to Speaker of the National Assembly of Pakistan to issue his production orders in exercise of powers conferred under R.108 of the Rules of Procedure and Conduct of Business in the National Assembly, 2007---Validity---Rule 108 of the Rules of Procedure and Conduct of Business in the National Assembly, 2007 and powers conferred in it fell within the expression proceedings of the Majlis-e-Shoora (Parliament) and, therefore, the bar under Art.69 of the Constitution was attracted---Jurisdiction of High Court was thus ousted and any direction given by the Court would amount to transgression of the permissible constitutional limits---High Court was a creation of the Constitution and, therefore, its jurisdiction was subject to the limitations which were expressly prescribed therein---High Courts jurisdiction was barred under Art.69 of the Constitution to give a direction to the Speaker of National Assembly---Constitutional petition was disposed of accordingly. Riaz Hanif Rahi v. Federation of Pakistan through Secretary, Ministry of Law and Justice and 14 others PLD 2019 Isl. 230 fol. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Writ of mandamus---Speaker of National Assembly---Scope---Issuing a direction to the Speaker of National Assembly undermines the sanctity and supremacy of the Majlis-e-Shoora (Parliament). ORDER ATHAR MINALLAH, C.J.---- The petitioner namely, Syed Khursheed Ahmed Shah (hereinafter referred to as the Petitioner) was a returned candidate from the constituency NA-206, Sukkur-I. He was notified as Member of the National Assembly of Pakistan. He was arrested on 18-09-2019 by the National Accountability Bureau (hereinafter referred to as the Bureau) and has remained…
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