Law: Constitution of Pakistan 1973

Section: 199(5)

Law: Legal Practitioners and Bar Councils Act, 1973

Section: 27(c)

(a) Constitution of Pakistan (1973)------Art. 199(5)---Scope of Art.199(5) of the Constitution---True purpose of Art. 199(5) is more pointed towards protecting the non-judicial actions/orders/steps of High Court rather than its judicial orders.Constitution of India by Durga Das Basu, 12th Edn., p.577; AIR 1994 SC 2599; Muhammad Mohsin Siddiqui v. Government of West Pakistan PLD 1964 SC 64 distinguished.(b) Constitution of Pakistan (1973)-----Art. 199(5)---"Person"---Definition---Supreme Court of Pakistan has also been excluded from the definition of "person" clubbed together with the High Court.(c) Constitution of Pakistan (1973)------Art. 199(5)---Judicial, administrative, executive or consultative functions/orders and acts of Supreme Court and High Court are saved under Art. 199(5) of the Constitution---Principles.The judicial orders of the Supreme Court and the High Court on jurisprudential plane, were already protected from the exercise of writ. It is only the administrative/executive or consultative functions/orders and acts which, in fact, have been saved under this sub-Article. By plain reading of sub-Article (5) and by applying settled rules of interpretation. High Court cannot be deemed to be conferred with two distinct characters i.e. one judicial, which is immune from writ, and the other administrative which is amenable to the writ.Where a Judge of the High Court acts as a Court for and on behalf of the Court, it is the Court by itself and has complete and absolute immunity, which is not dependent on the kind of jurisdiction he exercises. It is for this reason, that when a Judge of High Court acts as a Company Judge under the Company Laws, or as a Judge dealing exclusively with the bank cases under relevant law he acts as High Court though conferred with a special power to decide the case of a particular nature. His orders are not amenable to the writ.PLD 1976 SC 135 ref.(d) Constitution of Pakistan (t973)-----Art. 199(5)---All actions, acts and orders made by the High Court or the Supreme Court or any Judge thereof in exercise of the powers and functions in the office, cannot be subjected to the writ.(e) Constitution of Pakistan (1973)-- ,----Art.…