1999 PLP 2780 (MLD)

The petitioner an Advocate of this Court, who is generally involved in public interest litigation as a pro bono publico, has filed this Constitutional petition with the following prayer:-- (i) That all Ehtesab Cases without any distinction as to whether they pertain to the members of ruling party or opposition or any functionary of the State or ex-member of Government or Assembly may be conducted by the Military Courts, expeditiously; (ii) that all capitals deposited outside the country may be brought back within the country and after due scrutiny, if found appropriate may be confiscated in favour of the State; (iii) that all the arms whether licenced or illicit may be recovered from the citizens without any distinction, from MPA/MNA and their partymen, body guards so that arms race may be brought to an end and peace may be prevailed in the country; (iv) that all the loans received by the peoples irrespective of their personal and political status, as per Annexure 'E' to the tune of Rs.153.930 Billion, whether any part thereof (loan) has been forgiven/written off or not may be recovered from the loanees/defaulters by auctioning their properties/factories, if they do not pay voluntarily by adopting coercive measures against loanees, so that the public money may be utilized for development of the country and reserve funds may be enhanced and foreign loans may be satisfied; that traffic police control may be made subordinate under the Pak Army for controlling, accidents, corruption and social evils in the said Department including smuggling and drugs transportation as well as illicit arms race, rash and negligent driving, bad attitude of drivers and conductors, crimes on mobiles; (vi) that all police stations, may be handed over to the Armed Forces for nipping the crimes from buds, criminals corruption, reforms of criminals, calm and quiet atmosphere; (vii) that narcotic substances control and drugs control, their smugglings and the persons indulged therein should be tried by the Military Courts and given speedy punishments to deterrent the other people; (viii) that to evacuate/eject the Qabza Groups from the State Lands/Properties and to proceed against them under the law. Control of offices of Assistant Commissioner and Tehsildar may also be handed over to Army Personnels for finishing the corrupt practices and wrong formulation of record for extraneous reasons. The capitals and properties having been acquired by the persons by misuse of their official powers and through illicit means after due scrutiny may be confiscated in favour of the State; (ix) that charge of Price Control Committee and control of amalgamation in the commodities like eatable medicines, petrol., Anti-Corruption Establishment may also be handed over to Pak Army for their effective and on merits operations and control of dearness and sky-high prices, and for banning import of items of luxurious nature; and (x) that pending the decision of this writ petition respondents may be directed to take interim measures in this respect.

2. It was pointed out to the learned counsel that it is not for this Court to advise the Federal Government in the matter of governance. In any case the matter is outside the purview of the judiciary. The petitioner was also confronted with the Full Bench Judgment of this Court reported as Darvesh M. Arbey v. Federation of Pakistan and 2 others (PLD 1977 Lah. 846) and to submit as to how in view of that judgment, this petition was maintainable. In the said case this Court did not approve the imposition of limited Martial Law in some of the cities including Lahore. It was also held, "Constitution of Pakistan neither envisages imposition of Martial Law nor exercise by armed forces of any judicial functions". It was further laid down that acting in aid of civil power does not mean acting in displacement of civil power.

3. The petitioner was unable to satisfactorily answer the above questions He only replied that it was in public interest that the armed forces be involved in the running of the affairs of the country and its institutions, which according to the petitioner are crumbling and are unable to deliver goods to the citizens. Even if this statement be deemed to be correct, it is not for this Court to advise the Government as to how to tackle the problems. It is for the Legislature and the Executive Departments of the Republic of Pakistan to examine the problems and find out the suitable answer. In any case, the above said Full Bench Judgment is binding on this Bench.

4. For what has been stated above, this petition is dismissed in limine. H.B.T./M-948/L Petition dismissed