| Citation(s) |
|---|
| 2011 SLG 499 2011 SLD 499 2011 PLD 115 |
Lahore High Court
Writ Petition No.24679 of 2010, heard on 24-11-2010
IJAZ AHMAD CHAUDHRY AND SH. AHMAD FAROOQ, JJ
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Writ Petition No.24679 of 2010, heard on 24-11-2010
IJAZ AHMAD CHAUDHRY AND SH. AHMAD FAROOQ, JJ
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NAZAR MUHAMMAD CHOOHAN
VS
Dr. FAIZA ASGHAR and others
Law: Constitution of Pakistan, 1973
Section: 199,127,66(5),69
Law: Provincial Assembly of the Punjab Privileges Act, (II of 1972)
Section: 10(7),10
Law: Rules of Procedure of Provincial Assembly of Punjab
Section: 117,116(5)(c),202(3)(a),70,73,201(5)
(a) Provincial Assembly of the Punjab Privileges Act (II of 1972)--- ----S. 10(7)---Constitution of Pakistan Art. 199---Constitutional jurisdiction of High Court---Notice of appearance---Exemption---Scope---If any public servant is aggrieved of issuance of a notice to appear before Assembly or Committee thereof, such person may approach Government in order to claim exemption from the appearance---Courts are not expected to place any clog on the authority of Provincial Assembly or any of its committees to summon a public servant for his appearance. (b) Rules of Procedure of Provincial Assembly of Punjab--- ----Rr. 70 & 73---Privilege Motion---Summoning of any person---Scope---Speaker is empowered under Rules 70 and 73 of Rules of Procedure of Provincial Assembly of Punjab, to admit a Privilege Motion and refer the same to the Committee on Privileges for examination, investigation and submission of a report---Summoning of a person/public servant by Committee on Privileges, against whom a Privilege Motion was moved, is an act which is not only permitted under relevant rules but also in consonance with the principles of natural justice. (c) Provincial Assembly of the Punjab Privileges Act (II of 1972)--- ----S. 10---Rules of Procedure of Provincial Assembly of Punjab, R.117---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Privilege Motion---Summoning of a person by Committee---Pendency of matter before High Court---Grievance of petitioner was that the Committee on Privileges had summoned him to appear before it in the matter which was pending before High Court---Validity---Only moving of a resolution for seeking to raise discussion in respect of a matter pending before any statutory tribunal or statutory authority performing any judicial or quasi judicial functions or any Commission or court of inquiry, is prohibited under Rule 117 of Rules of Procedure of Provincial Assembly of Punjab---Constitutional provisions were designed to allow pillars of the State to work in harmony with a system of check and balance---Judiciary was charged with the duty and power to interpret, construe and apply the Constitutional law but in exercise…
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