1985 P Cr (PLP)

(1) ............................................................. . (2) ............................................................. . (3) ............................................................. . 4(1) "It shall be the duty of the Deputy Attorney‑General and Standing Counsel: ‑ (a) to advise the Federal Government on any legal matter referred to them by the Federal Government and, to perform such other duties of a legal character as are assigned to them from time to time by the Federal Government; (b) to appear on behalf of the Federal Government, if it so requires, in all cases, suits, appeals and proceedings before Supreme Court or a High Court in which the Federal Government is concerned." (iv) Letter No:F.2(98)/78‑Sol. Government of Pakistan Ministry of Law a Parliamentary Affairs (Law Division). Islamabad, the 30th March, 1978. From Mr. Anis Ahmad, Section Officer, Tele: 26822 To The Deputy Attorney‑General, High Court Building, Lahore. "Subject:‑‑ Filing an appeal case ST v. Munawar‑ud‑Din etc. Special Case No. 51/71 under sections 420/468/471 a 120‑B, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947, decided by Special Judge (Central) Lahore; before the High Court, Lahore. Sir, On consideration of the facts placed before it, this Division has decided to contest/pursue the above matter, I am accordingly to request 'you kindly make it convenient to conduct the above matter on behalf of the Federal Government and/or its Officer." From the examination of the provisions of law reproduced above, it is very much obvious that for filing appeal against acquittal by the Special Judge, the direction by the Federal Government to the Public Prosecutor to present an appeal before the High Court, Vas a condition precedent and unless the appeal was filed by the Public Prosecutor on the direction of the Federal Government, the same could not have been entertained. From the language of section 4 of Central Law Officers Ordinance, 1970, notification, dated 10‑7‑1973 and the letter, dated 3p‑3‑1978, it is crystal clear that the learned Deputy Attorney‑General had the right of audience in all Courts in Pakistan; that it was his duty to appear on behalf of Federal Government in which the Federal Government was concerned and that through letter referred to above he was only asked to conduct appeal on behalf of Federal Government or its Officer but this would not tantamount to direction by the Federal Government to Public Prosecutor to present appeal against acquittal. For all these reasons, I am convinced that the appeal was not properly l8 presented and as such, there is no alternative but to dismiss it on this score alone. M. Y. H. Appeal dismissed.