Law: Constitution of Pakistan, 1973

Section: 120,121,122,123,124,184(3)

(a) Constitution of Pakistan--- ----Arts. 120, 121, 122, 123, 124 184(3)---Constitutional petition before the Supreme Court regarding distribution of development funds to Members of National and Provincial Assemblies by the Prime Minister---Report submitted on behalf of the Federal Government amply demonstrated that none of the development funds shall be handed over to any of the Federal Ministers, Parliamentarians or any other person under the existing budget and that whatever budgetary provisions had been made in the annual budget, the same would be utilized in the manner, as was provided in the Constitution and other applicable laws and regulations---Similarly reports submitted by the Provincial Governments, in specific terms, stated that no development fund was going to be given to any of the MPAs/Ministers/notables of their respective Provinces and that the development funds shall be used and spent as per the constitutional mandate and the applicable rules framed by the respective Governments for utilization of the development funds provided in the annual budget---Supreme Court observed that queries raised by it in one of its previous orders had been addressed by all the respective Governments and thus, there was no reason to further proceed with the matter---Application was disposed of accordingly. [Majority view] (b) Supreme Court Rules, 1980--- ----O. XI---Constitution of Pakistan, Art. 184(3)---Constitutional petition before the Supreme Court regarding distribution of development funds to Members of National and Provincial Assemblies by the Prime Minister---Un-biasness and impartiality of a judge---Scope---One of the Judges of the Bench hearing the present matter sought to place on record photocopies of certain documents statedly received by him from some anonymous source through a WhatsApp message indicating that funds had been provided to a member of the National Assembly---Attorney General contended that since the authenticity of said documents was questionable, the same may not be taken on record, and that in any event the Judge in question would become a complainant in the matter and in that capacity it would not be appropriate for him to hear the…

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