Case Details

Citation(s)
2024 SLG 5593 2024 SLD 5593 2024 SCMR 1952
Supreme Court of Pakistan
C.M.As. Nos. 597 and 598 of 2024 in I.C.As. Nos. 16 and 24 of 2023, decided on 11th July, 2024. (For rejection of the appeals on behalf of the Respondents Nos. 1 to 5).
Present: Amin-ud-Din Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Shahid Waheed, Irfan Saadat Khan and Shahid Bilal Hassan, JJ
Faisal Siddiqui, Advocate Supreme Court for Applicants (in both C.M.As.). Mansoor Usman Awan, Attorney General for Pakistan for the Federation. Date of hearing: 11th July, 2024.

FEDERATION OF PAKISTAN and another---Applicants

VERSUS

KARAMAT ALI and others---Respondents

Law: Rules of Business, 1973

Section: 14(1A)

Law: Pakistan Army Act, 1952

Section: 2(1)(d)(i) & (ii),59(4)

Law: Constitution of Pakistan, 1973

Section: 184(3)

Law: Supreme Court Rules, 1980

Section: O.IV, Rr. 6, 15 & Sixth Sched

Per Amin-ud-Din Khan, J.(a) Rules of Business, 1973-------R. 14(1A)---Supreme Court Rules, 1980, O. IV, R. 6---Federal Government, Provincial Governments and Ministries---Engaging private counsels to plead and conduct cases---Permissibility and legality---Counsel or the applicants argued that in light of judgment of the Supreme Court reported as Rasheed Ahmad v. Federation of Pakistan through Secretary Ministry of Information, Broadcasting and National Heritage, Government of Pakistan Islamabad, etc. (PLD 2017 SC 121) the Federation as well as Ministries cannot engage a private counsel, and simultaneously the Provincial Government also cannot engage a private counsel as in the matter in hand a private counsel had been engaged and appeals had been filed through them---Validity---In the judgment referred there was no closure of door for engaging a private counsel, as there was a way mentioned in the said judgment for engaging a private counsel---Furthermore after insertion of Rule 14(1A) in the Rules of Business, 1973 ( the Rules ), the power to engage a private counsel by a Division had been enhanced, though the Division was bound to follow the procedure provided under Rule 14(1A)---Attorney General for Pakistan ( AGP ) apprised the Supreme Court with the record whereby the procedure had been adopted and complied with and the AGP also stated that there was no defect in engaging a private counsel---Supreme Court went through the case record cited by the AGP and found that the procedure provided in the Rules had been complied with---For filing a petition or an appeal before the Supreme Court the procedure for filing of an appeal is provided under Supreme Court Rules, 1980 and that is primarily filed through an Advocate-on-Record ( AOR )---In present appeals the AOR had been appointed by the concerned Division in accordance with the Rules, therefore, there was no defect in filing the same---Present appeals had been filed correctly through AOR and AOR could instruct the counsel to appear--Applications were dismissed.Rasheed Ahmad v. Federation of Pakistan through Secretary, Ministry of Information, Broadcasting and National Heritage, Government of Pakistan Islamabad…
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