Case Details

Citation(s)
2021 SLG 2293 2021 SLD 2293 2021 PLD 194
Islamabad High Court
Writ Petition No. 1131 of 2021, heard on 24th March, 2021, Date of hearing: 24th March, 2021.
ATHAR MINALLAH, CHIEF, JUSTICE
Farooq H. Naek, Sr. Advocate Supreme Court, Javed Iqbal Wains, Raja Shakeel Abbasi and Barrister Usman Waleed for Petitioner. Nemo for
Respondents.

SYED YOUSAF RAZA GILANI

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF LAW AND JUSTICE, ISLAMABAD AND 5 OTHERS

Law: Constitution of Pakistan, 1973

Section: 50,69

(a) Constitution of Pakistan--- ----Arts. 50 69---Parliament (Majlis-e-Shoora)---Status---Role of Court---Scope---Majlis-e-Shoora (Parliament) is the supreme legislative organ of the State and represents the people of Pakistan---Maintaining dignity, respect and independence of Majlis-e-Shoora (Parliament) is of paramount importance and is a Constitutional duty of other branches of the State---Majlis-e-Shoora (Parliament) is the highest forum for resolving national issues and political disputes---Parliamentary privileges, powers and immunities have been expressly incorporated in the Constitution---Language used by framers of the Constitution is unambiguous and effective in order to prevent a Court from encroaching upon independence of Majlis-e-Shoora (Parliament)---Such is based on the principle of Constitutional separation between three branches of the State i.e. the Judiciary, the Legislature and the Executive---Privileges and powers embedded in the Constitution are aimed at protecting integrity of parliamentary proceedings so that Majlis-e-Shoora (Parliament) is enabled to perform its functions with appropriate degree of independence---Houses of Majlis-e-Shoora (Parliament) are empowered to regulate their respective proceeding and the Constitution clearly prevents Courts from inquiring into its validity---Any attempt by a Court to interfere in proceedings of the Houses by calling into question its validity is likely to undermine dignity, prestige and independence of the Majlis-e-Shoora (Parliament) on one hand while on the other hand, it exposes the apex Constitutional legislative forum to undesirable and unwarranted criticism---Any encroachment by judicial branch in the realm of validity of proceedings of Majlis-e-Shoora (Parliament) inevitably has consequences, which adversely affects public interest---Such erodes the sanctity of the supreme legislative Constitutional forum besides weakening sovereignty, independence and prestige of the Majlis-e-Shoora (Parliament)---Such intrusions by Courts profoundly affects confidence of people in the Majlis-e-Shoora (Parliament)---Simultaneously such has consequences for the Judicial branch of the State as well because…
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