Law: Constitution of Pakistan, 1973

Section: 199(1)(c),199(1)(b)(ii)

(a) Constitution of Pakistan (1973)--- ----Art. 199(1)(b)(ii) & (c)---Press news showing issuance of notification by Provincial Government posting respondent as Capital City Police Officer---Respondent already found to be responsible for acts of commissions and omissions in a very serious incident as a result of judicial inquiry held by Judge of High Court on asking of Provincial Government---Suo motu exercise of constitutional jurisdiction by High Court while treating such news item as a petition under Art.199(1)(c) of the Constitution---Validity---Respondent was serving as Regional Police Officer when said tragic incident took place, wherein number of Christians lost their lives and their houses were burnt---Respondent was held responsible for acts of commissions and omissions by such Tribunal, which had already forwarded its recommendations to Federal Government along with statements of allegations for initiating proceedings against him---Government instead of taking any action against respondent had awarded him premium of such negligent performance of his duties by giving him most important assignment as Capital City Policy Officer---Suo motu proceedings being corrective measures, whereby High Court could enquire from holder of a public office to show that under what authority he/respondent was holding said office (Capital City Police Officer) particularly in view of recommendations rendered against him by Tribunal and forwarded to Federal Government---If respondent was found to be responsible for such acts of commissions and omissions, then how could he be allowed to work during interregnum, when he was not qualified for such post---High Court declared such notification to be without lawful authority and of no legal effect while directing respondent to relinquish charge forthwith. The State v. Zulfiqar Ali Bhutto and others PLD 1978 Lah. 523 distinguished. (b) Constitution of Pakistan (1973)--- ----Art. 199(1)(c)---Fundamental Rights guaranteed under the Constitution---Validity---Such rights would be regarded as inviolable under all conditions and could not be abridged by any legislative or executive orders, except by virtue of provisions of the…

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