Case Details

Citation(s)
2022 SLG 1321 2022 SLD 1321 2022 PLD 122
Peshawar High Court
W.P. No.564-M of 2021 with interim relief, decided on 29thSeptember, 2021.
ISHTIAQ IBRAHIM AND WIQAR AHMAD, JJ
Aurangzeb for Petitioners. Noroz Khan, Deputy Attorney General and Raza-ud-Din, Additional Advocate General for
Respondents. Fawad Khan, on behalf of NADRA.

ZIA ULLAH KHAN and 5 othersvsGOVERNMENT OF PAKISTAN through Secretary Interior and others

Law: Constitution of Pakistan, 1973

Section: 99,199

(a) Constitution of Pakistan--- ----Art. 99---Rules of Business, Schedule II, Entry No. 84---Constitutional petition--- Creation of new department--- Federal Government, jurisdiction of---Establishing Prime Minister’s Performance Delivery Unit (PMDU) and Pakistan Citizen’s Portal (PCP) and User Manual was questioned---Validity---Authority of Federal Government to constitute new departments or reorganizing any existing department for exercising of Executive authority of Federation could not be denied---Necessary amendments in Rules of Business were also effected---PMDU and PCP were established Constitutionally---User’s Manual did not have force of law, as it was law in primary nor in secondary sense---User Manual was neither enacted by any legislature nor by the Executive authority under exercise of powers of subordinate legislation and could be referred so as to know the nature of complaint handling and its effects. (b) Constitution of Pakistan--- ----Fourth Schedule, Part-I, Item No.56 , Part-II, Item No. 16---Investigation of criminal offences---Federal laws, violation of---Jurisdiction---Investigating Agency under control of Federation, like Federal Investigating Agency can only entertain complaints under laws promulgated in Federal domain or in relation to other Federal laws and departments of Federal Government established under Federal laws or other such legal instruments---Such investigative activities have also been provided a cover by Item No.56 of Part-I and Item No.16 of Part-II of Fourth Schedule to the Constitution but to the extent of offences only, which relate to matters included in Federal Legislative List. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Grievance Redressal Mechanism---Good governance---Prime Minister’s Performance Delivery Unit (PMDU) and Pakistan Citizen’s Portal (PCP)---Direction to Provincial Government---Petitioner was aggrieved of inquiry by provincial police into complaint received on PCP and forwarded by Federal Government---Validity---Constitutional scheme of distribution of powers and adherence to the same was more important than redressal of grievance through instrumentality of PMDU and…
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