P L D 2023 Supreme Court 183 (PLP)
FEDERATION OF PAKISTAN through Ministry of Defense — Appellant Versus Mrs. AJMAL SAMIA (decd) through L.Rs. and others — Respondents
| Citation | P L D 2023 Supreme Court 183 (PLP) |
| Forum / Court | High Court |
| Bench Members | Qazi Faez Isa and Muhammad Ali Mazhar, JJ |
| Parties | FEDERATION OF PAKISTAN through Ministry of Defense — Appellant Versus Mrs. AJMAL SAMIA (decd) through L.Rs. and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in P L D 2023 Supreme Court 183 (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 2023 Supreme Court 183 (PLP)?
The case was heard and decided by the High Court bench comprising: Qazi Faez Isa and Muhammad Ali Mazhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2023 Supreme Court 183 (PLP) (FEDERATION OF PAKISTAN through Ministry of Defense — Appellant Versus Mrs. AJMAL SAMIA (decd) through L.Rs. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Shahid Kamal Khan, Advocate Supreme Court and Zulfikar Khalid Maluka, Advocate Supreme Court for Applicant (in C.M.A. No. 1451 of 2017).
- Syed Qalb-i-Hassan, Advocate Supreme Court for Respondents Nos. 1(ii) and 1(iv).
- Zulfikar Khalid Maluka, Advocate Supreme Court and Kamran Murtaza, Senior Advocate Supreme Court for Respondent No.3.
- Muhammad Amir Malik, Advocate Supreme Court for Respondent No. 2.
Headnotes / Summary
Art. 100
Attorney-General for Pakistan, post of
Scope
Attorney-General for Pakistan is a constitutional post and it cannot be left vacant
Constitution makes no mention of an acting Attorney General
Neither a Deputy Attorney General nor an Additional Attorney-General is a substitute for the Attorney-General.
Judgment & Decree
The appellant in this case is the Federation of Pakistan and is represented by Raja Shafqat Abbasi, learned Deputy Attorney-General ('DAG'). Learned DAG commenced his arguments but basic facts were not enumerated precisely. Therefore, we wanted to send for the Attorney-General for Pakistan so that he could come and render proper assistance. However, on enquiring who the Attorney-General is, we were not given a satisfactory answer to what is a simple query. We then called upon Chaudhry Aamir Rehman, learned Additional Attorney-General, present in Court, to answer our query and he said he was unable to. It transpires that Mr. Ashtar Ausaf Ali resigned from the post of Attorney-General a couple of months back and in his stead no one has been appointed till date despite lapse of more than a reasonable period.
2. Article 100 of the Constitution of Islamic Republic of Pakistan ('the Constitution') stipulates that: '100. (1) The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be the Attorney-General for Pakistan. (2) The Attorney-General shall hold office during the pleasure of the President and shall not engage in private practice so long as he holds the office of the Attorney-General. (3) It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Federal Government, and in the performance of his duties he shall have the right of audience in all courts and tribunals in Pakistan. (4) The Attorney-General may, by writing under his hand addressed to the President, resign his office.'
3. The Attorney-General for Pakistan is a constitutional post and it cannot be left vacant. There is no mention of an acting Attorney-General in the Constitution. The law also requires notice to the Attorney-General under Order XXVIIA of the Code of Civil Procedure (and not to a DAG or Additional Attorney-General) in certain cases. Neither a DAG nor an Additional Attorney-General is a substitute for the Attorney-General. We may also assume that when a DAG or an Additional Attorney-General attends Court he/she does so on instructions received from the Attorney-General.
4. Therefore, the AGP (whoever that may be) and the Federal Law Secretary should be in attendance on the next date.
5. We also expect to be properly assisted on the next date of hearing. MWA/F-2/SC Order accordingly.