Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: National Disaster Management Act, 2010

Section: 3(2)(p),6,8,13,18

(a) Constitution of Pakistan--- ----Art. 185(3)---Interim orders passed by High Court impugned before the Supreme Court---Supreme Court normally does not interfere with the interim orders of the High Court except in exceptional circumstances. Federation of Pakistan through Secretary, Ministry of Energy (Power Division), Islamabad and others v. Shafiq ul Hassan and others 2021 PLC (C.S.) 292 and Dossani Travels Pvt. Ltd and others v. Messrs Travels Shop (Pvt.) Ltd. and others PLD 2014 SC 1 ref. (b) National Disaster Management Act (XXIV of 2010)--- ----Ss. 3(2)(p), 6, 8, 13, 18---Flood management in Province of Sindh---Citizens Committee in every Taluka of flood affected Division---Said Committees were constituted on orders of the High Court with the direction that such Committees be headed by a Civil Judge and that the said committees work under the supervision of the concerned District and Sessions Judge---Constitutionality---Role assigned to the judicial officers of overseeing the work of the executive by heading the Citizens Committees essentially meant that the judicial officers were performing executive functions which was against the principle of separation of powers---Inclusion of the members of the District Judiciary in the said Committees was not required given that there was an entire legal framework under the National Disaster Management Act, 2010. The issue before the Court essentially is the exercise of jurisdiction by the High Court while creating the citizens committees and placing judges from the District Judiciary on these committees to oversee the work, being done by the committees. The role assigned to the judicial officers of overseeing the work of the executive by heading the citizens committees essentially means that the judicial officers are performing executive functions which is against the principle of separation of powers. The Constitution does not contemplate assumption of functions by one organ that essentially belongs to another. Moreover planning and strategy, coordination, monitoring and implementation are the functions of the executive and is best left for them to fulfil their duty and obligations in this regard. Furthermore,…

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