| Citation(s) |
|---|
| 2023 SLG 2356 2023 SLD 2356 2023 SCMR 1853 |
Supreme Court of Pakistan
Civil Petitions Nos. 5633 and 5833 of 2021, decided on 1st December, 2022. (Against the judgment dated 29.09.2021 of the Peshawar High Court, Mingora Bench (Dar ul Qaza) Swat passed in Writ Petition No.564 -M of 2021) Date of hearing: 1st December, 2022.
Present: Umar Ata Bandial, CJ, Ayesha A. Malik and Athar Minallah, JJ
Rashdeen Nawaz Qasoori, Additional Attorney General along with Mujahid Khan, Dy. Director, NADRA for Petitioners (in C.P. No. 5633 of 2021). Atif Ali Khan, Additional A.G. Khyber Pakhtunkhwa along with Ali Rahman, Inspector Shakirullah, S.O. for Petitione
Civil Petitions Nos. 5633 and 5833 of 2021, decided on 1st December, 2022. (Against the judgment dated 29.09.2021 of the Peshawar High Court, Mingora Bench (Dar ul Qaza) Swat passed in Writ Petition No.564 -M of 2021) Date of hearing: 1st December, 2022.
Present: Umar Ata Bandial, CJ, Ayesha A. Malik and Athar Minallah, JJ
Rashdeen Nawaz Qasoori, Additional Attorney General along with Mujahid Khan, Dy. Director, NADRA for Petitioners (in C.P. No. 5633 of 2021). Atif Ali Khan, Additional A.G. Khyber Pakhtunkhwa along with Ali Rahman, Inspector Shakirullah, S.O. for Petitione
GOVERNMENT OF PAKISTAN through Secretary Interior and others---Petitioners
VERSUS
ZIA ULLAH KHAN and others---Respondents
Law: Rules of Business, 1973
Section: 84
Law: Constitution of Pakistan, 1973
Section: 97,137
Rules of Business, 1973--- ----Sched. II, Sr. No. 84---Constitution of Pakistan, Arts. 97 & 137---Proceedings initiated and actions taken by the Prime Minister's Performance, Delivery Unit ('Unit') and Pakistan Citizen's Portal ('Portal')---Constitutionality---High Court declared the working and functions of the Unit and the Portal to be unconstitutional and opined that the working of both the forums was transgression of the executive authority of the Province---Validity---Unit and the Portal merely receive complaints and they are automatically transmitted to the concerned authorities for consideration---Neither the Unit nor Portal exercises any power that would amount to prejudicing the rights of the citizens or treated as interference in the executive domain of the province---Transmission of information to the concerned authorities of a province, by no stretch of imagination, can be construed as interference or transgression in its domain---After receiving the information transmitted by the Unit or the Portal as the case may be, the concerned provincial authorities are expected to consider the same and thereafter proceed in accordance with the law; they are not bound to act in a particular manner nor can any direction or order be passed by the Unit or the Portal---High Court had not appreciated the working and functioning of both the forums---Moreover, the transmission of a complaint or information by the Federal Government to the concerned authorities of a province does not constitute interference or transgression in the executive domain of that province---Impugned judgment of the High Court, therefore, has not correctly appreciated and interpreted the status and functioning of the Unit and the Portal--- Petitions for leave to appeal were disposed of accordingly. ORDER ATHAR MINALLAH, J.---The Federal Government and the Provincial Government of Khyber-Pakhtunkhwa have sought leave against the judgment dated 29.09.2021 of the Peshawar High Court, whereby the proceedings initiated and actions taken by the Prime Minister's Performance, Delivery Unit ('Unit') and Pakistan Citizen's Portal ('Portal') have been declared as unconstitutional. The Unit was…
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