| Citation(s) |
|---|
| 2009 SLG 1202 2009 SLD 1202 2009 PLD 75 |
Supreme Court of Pakistan
Civil Petition No.1512 of 2008, decision dated: 19-12-2008
FAQIR MUHAMMAD KHOKHAR, M. JAVED BUTTAR AND CH. EJAZ YOUSAF, JJ
Raja Abdul Rehman, Advocate Supreme Court and Arshad Ali Chaudhary, Advocate-on-Record. Agha Tariq Mahmood, Advocate Supreme Court/Legal Advisor, FBISE Islamabad Nos. 1 and 2. Muhammad Azam Sultanpuri, Advocate (in person) Nos. 4 and 5. Sardar Muhammad La
Civil Petition No.1512 of 2008, decision dated: 19-12-2008
FAQIR MUHAMMAD KHOKHAR, M. JAVED BUTTAR AND CH. EJAZ YOUSAF, JJ
Raja Abdul Rehman, Advocate Supreme Court and Arshad Ali Chaudhary, Advocate-on-Record. Agha Tariq Mahmood, Advocate Supreme Court/Legal Advisor, FBISE Islamabad Nos. 1 and 2. Muhammad Azam Sultanpuri, Advocate (in person) Nos. 4 and 5. Sardar Muhammad La
Commodore (R.) SHAMSHAD-
VS
FEDERAL BOARD OF INTERMEDIATE AND SECONDARY EDUCATION and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Arts.66, 68 & 185(3)---Rules of Procedure and Conduct of Business in the National Assembly, R.201(5)---Privileges of Members of Parliament and restriction on discussion in Parliament---Contention of the petitioner was that in view of the provisions of Arts. 66 & 68 of the Constitution and R.201(5) of the Rules of Procedure and Conduct of Business in the National Assembly, the Standing Committee of the National Assembly was not empowered to hold an inquiry into the matter, which was sub judice before the High Court nor it could issue any process to discuss the conduct of a Judge of Supreme Court in any manner on the principles of trichotomy of power and that the Chairman of the Standing Committee was biased and was conducting the proceedings mala fide---Validity---No applications were formally presented to the Bench of the High Court which was seized of the case; even no such applications were annexed with the petition for leave to appeal to Supreme Court---Had the applications been duly filed in the High Court the same would have been dealt with in accordance with law---Petitioner had acted with unholy haste in rushing to the Supreme Court without any formal order of the High Court---Held, in the absence of any material on record, it was neither possible nor desirable for the Supreme Court to go into the questions of bias or mala fides of the Chairman of the Standing Committee---Petition for leave to appeal was dismissed. (b) Constitution of Pakistan (1973)-------Arts. 66, 68 & 185(3)---Rules of Procedure and Conduct of Business in the National Assembly, R.201(5)---Privileges of Members of Parliament and restriction on discussion in Parliament---Scope---Contention of the petitioner was that in view of the provisions of Arts. 66 & 68 of the Constitution and R.201(5) of the Rules of Procedure and Conduct of Business in the National Assembly, Standing Committee of the National Assembly was not empowered to hold an inquiry into the matter which was sub judice before the High Court nor it could issue any process to discuss the conduct of a Judge of Supreme Court in any manner on the principles of trichotomy…
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