| Citation(s) |
|---|
| 1989 SLG 924 1989 SLD 924 = 1989 PLD 404 |
Constitutional Petitions Nos. D-123 of 1974 and D-891 of 1987, decided on 24th April, 1989.
Ajmal Mian, C. J., Saeeduzzaman Siddiqui, Saleem Akhtar, Haider Ali Pirzada, Syed Abdul Rehman, Mamoon Kazi and Abdul Rasool Agha, JJ
SHARAF FARIDI and 3 others--Petitioners
VERSUS
THE FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN through Prime Minister of Pakistan and another--Respondents
Law:
Section:
AJMAL MIAN, C.J.--By this common judgment, I intend to dispose of the above two petitions. The brief fact,; leading to the filing of the above petitions are as follows:- C.P. No.D-123 of 1974: The above petition, hereinafter referred to as the first petition, was filed on 6-2-1974 by the Karachi Bar Association and M/s. Sharaf Faridi and Qazi Mahfooz Ahmed, the President and the Vice-President respectively of Karachi Bar Association at that time whereby the petitioners have prayed for the following reliefs:- "P R A Y E R The petitioners therefore pray as under:- (a)??? That this Hon'ble Court be pleased to declare that the Sind Ordinance X of 1973, the Sind Civil Servants (Efficiency and Discipline) Rules, 1973 and the Notification dated 23-10-1973 are without lawful authority and of no legal effect and ultra vires of the Constitution to the extent of inconsistency with, contradiction to and in violation of Articles 4, 14, 175 and 203 of the Constitution; and/or (b)?? That this Hon'ble Court be pleased to restrain the Respondent from giving effect directly or indirectly to the provisions of the impugned Ordinance and Rules made and the Notification issued thereunder to the extent of inconsistency with, contradiction to and in violation of Articles 4, 14, 175 and 203 of the Constitution; and/or That this Hon'ble Court be pleased to award costs of the petition; That this Hon'ble Court be pleased to grant such other relief as may be deemed necessary and just in the Circumstances of the case." C_P. No.D-891 of 1987: The above petition, hereinafter referred to as the second petition, was filed on 2-9-1987 by the 4 Members of the Pakistan Bar Council whereby the petitioners had prayed for the following reliefs:"P R A Y E R That in view of what is stated hereinabove, it is, therefore, prayed by the petitioners that this Hon'ble Court may be pleased to:- (a)??? Direct the Respondent No.l to…