Law: Punjab Overseas Pakistan Commission Act, 2014

Section: 7

Punjab Overseas Pakistanis Commission Act (XX of 2014)--- ----S.7---Intra Court appeal---Functions of the Commissioner---Interference in judicial functions---Scope---Question before High Court was whether the Commissioner was justified in constituting a committee to visit the site of the plots, thrash out revenue record, registration record, Record/Plan of Development Authority, Cooperative Department Record, Housing Societys Record, etc., when the matter was already under adjudication before the courts of competent jurisdiction---Said order was issued on a complaint from the overseas Pakistani citizen---Validity---Government Agencies on the behest and directive of the Commissioner could not initiate proceedings against private persons by issuing them summonses/notices in order to resolve a civil dispute---Determination of third party rights was unequivocally a judicial function and could only be carried out by a court of law i.e. the judicature, and not by the Punjab Overseas Pakistanis Commission or the Government Agencies, which formed executive organs of the State---Order passed by Commissioner regarding thrashing record amounted to interference in judicial proceedings pending in the Courts of law, where the parties were already appearing---Commissioner had transgressed his power/jurisdiction---Intra courts appeals were allowed. Shahid Idrees v. Government of The Punjab and others PLD 2018 Lah. 284 rel. Tanveer Chishti v. City Police Officer and others PLD 2020 Lah. 453 foll. JUDGMENT JAWAD HASSAN, JUSTICE:---.--- This judgment shall dispose of I.C.As. No.63865 of 2019 and 67355 of 2019 as both have emanated out of the same impugned judgment. 2. The Appellant has assailed the order dated 26.09.2019 passed by learned Single Judge in Chamber whereby he dismissed the constitutional petition filed by the Appellant to declare the letter dated 06.08.2019 issued by Commissioner Lahore Division, Lahore as well as letter dated 19.11.2018 issued by PIA Society, as illegal, unlawful, mala fide, malicious, violative to the provisions of Articles 4, 5 and 23 of the Constitution of Islamic Republic of Pakistan, 1973. 3. Brief facts for the disposal of this appeal are…

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