Law:

Section:

Members of National Assembly (Exemption from Preventive Detention and Personal Appearance) Ordinance (IX of 1963)------ Ss. 3 & 4 --- Constitution of Pakistan (1973), Arts. 2-A, 4, 8, 25, 31, 203-D, 203-F, 227 & 64(2) --- Repugnancy to Injunctions of Islam --- Provisions of law contained in Ss.3 & 4 of the Ordinance relating to exemption of Members of the National Assembly from appearance before the Courts and the provisions for the stay of proceedings of these Courts for the whole period when the Assembly was in session and for a period of 14 days before and 14 days after the session, manifestly repugnant to the Injunctions of Islam, provisions required amendment with a view to bringing them in accord with Injunctions of Islam. Supreme Court while taking judicial notice of the fact observed that whenever an Hon'ble Member of the National Assembly was busy attending a session of the House, the Courts, on being apprised of this fact, invariably granted him accommodation and did not prevent him from discharging his duties as such Member and the argument that his obligation to national interests deserved preference over individual interests was more theoretical than real. The privileges conferred on Members by Sections 3 and 4 of the Ordinance appears to be designed, in point of fact, from making it almost impossible to obtain justice as against him, if he is arrayed as a party before a Court so long as he continue to be a Member of the National Assembly. This results in negation of the concept of equality of citizens before law in the Islamic Republic of Pakistan. The verses of the Holy Quran and the Ahadith of the Holy Prophet clearly establish that the provisions relating to exemption of Members of the National Assembly from appearance before the Courts and the provisions for the stay of proceeding of these Courts for the whole period when the Assembly is in session and for a period of 14 days before and 14 days after the session are manifestly repugnant to the Injunctions of Islam. Accordingly, they require amendment with a view to bringing them in accord with the Injunctions of Islam. Supreme Court directed that the amendments in Ordinance IX of…

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