Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 248(1), Proviso - Immunity - Proviso to sub-Art. (1) of Art. 248--Not restrictive of right of any person to bring appropriate proceedings against Federation or Province-Protection contained under Article-Extends to person of President, Governor, Prime Minister etc. and not to any action taken or order passed by them. Per Muhammad Yaqub Ali, C. J.- The counsel for the State relied on Article 248(1) of the Constitu­tion (1973) which provides that the President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any Court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions, and contended that the order appoint­ing the second respondent as Chief Justice of the High Court of Sind & Baluchistan was covered by this protection. But there is a proviso to clause (1) of Article 248 which lays down that nothing in that clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province. In the instant case the first respondent is the Federation and not the president of Pakistan. To overcome the proviso the counsel for the State argued that orders passed by the President fall in two categories ; firstly, those which are covered by the blanket protection contained in clause (1) of Article 248 and secondly those which fall within the ambit of the proviso to it. Held : The language employed in Article 248(1) is, however, not capable of bearing such an interpretation. The protection contained in it extends to the person of the President, a Governor, Prime Minister etc. and not to any action taken or any order passed by them. Per Anwarul Haq, J.- The order appointing the respondent as the Chief Justice of the High Court of Sind & Baluchistan is not immune from attack, in proper proceedings, in spite of the provision contained in clause (1) of Article 248 of the Constitution which provides that the President, a Governor, the Prime…

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