P L D 2000 Lahore 251 (PLP)
M. D. TAHIR, ADVOCATE‑‑‑Petitioner Versus FEDERAL GOVERNMENT through Secretary, Cabinet Division,
| Citation | P L D 2000 Lahore 251 (PLP) |
| Forum / Court | |
| Bench Members | Malik Muhammad Qayyum and Ghulam Mahmood Qureshi, JJ. |
| Parties | M. D. TAHIR, ADVOCATE‑‑‑Petitioner Versus FEDERAL GOVERNMENT through Secretary, Cabinet Division, |
Q1: What are the key laws and sections cited in P L D 2000 Lahore 251 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2000 Lahore 251 (PLP)?
The case was heard and decided by the bench comprising: Malik Muhammad Qayyum and Ghulam Mahmood Qureshi, JJ..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2000 Lahore 251 (PLP) (M. D. TAHIR, ADVOCATE‑‑‑Petitioner Versus FEDERAL GOVERNMENT through Secretary, Cabinet Division,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sher Zaman Khan, Dy. A.‑G. with Ghulam Haider Al‑Ghazali, Addl. A.G., Punjab for Respondents.
- Date of hearing: 2nd November, 1999.
Headnotes / Summary
(a) Constitution of Pakistan (1973)‑‑ . ‑‑‑‑Art. 4‑‑‑Right of citizens to be dealt with in accordance with law‑‑ Executive orders‑‑‑Scope‑‑‑Every executive action must be backed by some law‑‑‑Provisions of Art.4 of the Constitution ordain that every person has a right to insist that he be dealt with in accordance with law and law alone. Haji Ghulam Zamin and another v. A.B. Khokhar and others PLD 1965 Dacca 156 and Khalid Malik v. Federation of Pakistan PLD 1991 Kar. 1 ref. (b) Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Formation and constitution of "Khidmat Committees"‑‑‑Khidimat Committees were formed in exercise of executive powers through a Notification‑‑‑Validity‑‑‑No source of power was mentioned in the Notification setting up such committees‑‑‑Members of "Khidmat Committees" were given wide and sweeping powers and they could interfere in the functioning and affairs of the Government and its offices‑‑‑Parallel system of administration was not envisaged by the Constitution nor the same could be set up‑‑‑Where local councils comprising of elected representatives of people were already functioning, the rationale in setting up such committees was not understandable‑‑‑Establishment of "Khidmat Committees" therefore; was illegal. Petitioner in person.
Judgment & Decree
MALIK MUHAMMAD QAYYUM, J.‑‑‑This judgment shall dispose of Writ Petition No.6899 of 1998 alongwith many connected matters which are mentioned in Annexure 'A' to this judgment which may be reard as its part.
2. Mr. M.D. Tahir who is an Advocate of this Court has, by Ming this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, challenged the formation and constitution of Khidmat Committees by the Federal Government. According to the petitioner there is no law which authorises the Federal Government to constitute and set up a parallel system of administration through Khidmat Committees, the Members of which are not elected representatives of the people, but have been appointed by the then Government in power.
3. The learned Deputy Attorney‑General has, however, submitted that the Khidmat Committees were established in the exercise of executive powers by the Federal Government and there was no need of any law. It was pointed out that the Government in the exercise of its executive powers has issued the Notification on 4‑8‑1997 constituting the Khidmat Committees which was later on modified by the Notification dated 25‑3‑1998. According to the learned Deputy Attorney‑General the Federal Government had full power and authority to establish such committees.
4. The Khidmat Committees were set up and established by the previous Government. Now the committees have been disbanded by the new Government and as such these petitions have fructified. However in view of the nature of controversy we are tempted to make certain observations and to say that the establishment of these committees was totally illegal. It is trite law that every executive action must be backed by some law. If any authority is needed reference may be made to Haji Ghulam Zamin and another v. A.B. Khokhar and others PLD 1965 Dacca 150 and Khalid Malik v. Federation of A Pakistan PLD 1991 Kar.
1. Furthermore, Article 4 of the Constitution ordains that every person has a right to insist that he be dealt with in accordance with law and law alone.
5. It is interesting to notice that the Notification whereby the Khidmat Committees were set up does not even mention the source of power under which it was being issued. A reading of the Notification shows that Members of the Khidmat Committees were given wide and sweeping powers and they could interfere in the functioning and affairs of the Government and its offices. A parallel system of administration is not envisaged by the Constitution nor could it be set up. Even otherwise we are unable to understand the rationale in setting up such Committees when the local councils comprising elected representatives of people were already functioning. These petitions stand disposed of accordingly. Q.M:H./M.A.K./M‑1291/L Petition dismissed.