P L D 2024 Sindh 119 (PLP)
MUHAMMAD IBRAHIM ABRO — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | P L D 2024 Sindh 119 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MUHAMMAD IBRAHIM ABRO — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in P L D 2024 Sindh 119 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2024 Sindh 119 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2024 Sindh 119 (PLP) (MUHAMMAD IBRAHIM ABRO — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Arts. 207 & 260---Caretaker Chief Minister, appointment of---Retired Judge of Supreme Court---Service of Pakistan---Scope---Petitioner (a practicing advocate) invoked constitutional jurisdiction of the High Court challenging the appointment of a retired Judge of Supreme Court as a caretaker Chief Minister of Sindh ('CM'),---Contention of the petitioner was that as two years period of the incumbent CM from retirement in terms of Art. 207(2) of the Constitution had not elapsed thus he was liable to be removed from the post---Validity---Contention of the petitioner was misconceived as he had lost sight of Art. 260 of the Constitution, defining the expression "service of Pakistan", from which it was apparent that the post of CM was specifically excluded from the ambit of the term---Constitutional petition was dismissed in limine, in circumstances.
- YOUSUF ALI SAYEED, J.---The Petitioner is apparently a practicing Advocate and has invoked the jurisdiction of this Court under Article 199 of the Constitution impugning the appointment of the present caretaker Chief Minister of Sindh ("CM"), an Honouable retired Judge of the Supreme Court of Pakistan.
- "Service of Pakistan" means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of 1[Majlis-e-Shoora (Parliament)] or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, 2[Attorney-General, 3[Advocate-General,] Parliamentary Secretary] or 4[Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to a Chief Minister, Adviser to a Chief Minister] or member of a House or a Provincial Assembly;"
Headnotes / Summary
Arts. 207 & 260
Caretaker Chief Minister, appointment of
Retired Judge of Supreme Court
Scope
Petitioner (a practicing advocate) invoked constitutional jurisdiction of the High Court challenging the appointment of a retired Judge of Supreme Court as a caretaker Chief Minister of Sindh ('CM'),
Contention of the petitioner was that as two years period of the incumbent CM from retirement in terms of Art. 207(2) of the Constitution had not elapsed thus he was liable to be removed from the post
Contention of the petitioner was misconceived as he had lost sight of Art. 260 of the Constitution, defining the expression "service of Pakistan", from which it was apparent that the post of CM was specifically excluded from the ambit of the term
Constitutional petition was dismissed in limine, in circumstances.
Judgment & Decree
YOUSUF ALI SAYEED, J.
The Petitioner is apparently a practicing Advocate and has invoked the jurisdiction of this Court under Article 199 of the Constitution impugning the appointment of the present caretaker Chief Minister of Sindh ("CM"), an Honouable retired Judge of the Supreme Court of Pakistan.
2. The case of the Petitioner is predicated entirely on Article 207 of the Constitution, the relevant excerpt of which reads as follows:- "
207. Judge not to hold office of profit, etc. (1) A Judge of the Supreme Court or of a High Court shall not - (a) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or (b) occupy any other position carrying the right to remuneration for the rendering of services. (2) A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Commissioner or of Chairman or member of a law commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office. (3) ."
3. The Petitioner, who appeared in person, submitted that the incumbent CM had retired as a Judge of the Supreme Court on 04.04.2022, hence, the two year period envisaged in terms of Article 207 (2) had not yet elapsed. He argued that the incumbent CM was thus liable to be removed from the post.
4. Having considered the matter, it is manifest that the Petitioner has lost sight of Article 260, which defines the expression "Service of Pakistan" as follows:- "Service of Pakistan" means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of 1[Majlis-e-Shoora (Parliament)] or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, 2[Attorney-General, 3[Advocate-General,] Parliamentary Secretary] or 4[Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to a Chief Minister, Adviser to a Chief Minister] or member of a House or a Provincial Assembly;"
5. From a plain reading of the definition, it is apparent that the post of the CM is specifically excluded from the ambit of the term, and the case of the Petitioner is misconceived.
6. That being so, while granting the application for urgency, we hereby dismiss the Petition in limine, along with the other miscellaneous applications. MQ/M-69/Sindh Petition dismissed.