1997 PLP 2547 (MLD)

‑‑‑‑S. 3‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑ Appointment of Commission for inquiry‑‑‑Precondition for appointment of such Commission is that there must be a "definite matter" of public importance calling for constitution of Commission‑‑‑Petitioner, on the basis of mere allegations published in newspapers on the basis of an interview given outside Pakistan allegedly by a Pakistani citizen had no locus standi to ask for constitution of Commission simply on account of apprehension expressed in said interview, source of which had not been disclosed in the allegations‑‑ Constitutional petition being misconceived was dismissed in circumstances. Petitioner in person. The petitioner through this Constitutional petition has sought direction in the nature of writ of mandamus that respondent No. 1, Secretary, Establishment Division, Government of Pakistan, be directed to constitute a high level Commission consisting of Honourable retired Judges of the superior Courts i.e. the Senior. Judges of the Supreme Court as well as of High Courts and Federal Shariat Court to hold an enquiry into the allegations levelled by Mr. Ansar Barni in an interview to the press held in London wherein allegations have been levelled that a conspiracy has been hatched by the high‑ups to murder the notables of Pakistan. It is also stated that since the creation of Pakistan successive conspiracies were hatched one after the other which led to the murder of late Prime Minister Nawabzada Liaquat Ali Khan and subsequent events resulting in the imposition of Martial Law in the year 1958 and dismemberment of Pakistan in the year 1974. The petitioner has also made reference to the plane crashed which resulted into the death of late President of Pakistan General Muhammad Zia‑ul‑Haq as well as many other Generals. The probe into all these aforesaid events was made by different Commissions constituted by the Government but all the time their reports were put in the cold storage and no action whatsoever was taken thereupon. It is argued that the Commission of Judges mentioned above should have access to all the reports of the Commissions so far appointed and in the light of the same probe into the allegations levelled by Mr. Ansar Barni. (The news clippings of his interview is attached as Annexures A/B). I have heard the learned counsel for the petitioner and given my anxious consideration to his arguments. Section 3 of the Pakistan Commission of Enquiry Act, 1956 provides as under:‑‑ "Appointment of Commission.‑‑(1) The Central Government may, if it is of opinion that it is necessary so to do, by notification in the official Gazette,. appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such tune as may be specified in the notification and the Commission so appointed shall make the inquiry and perform the functions accordingly. (2) The Commission may consist of one or more members appointed by the Central Government, and where the Commission consist of more than one member, one of them may be appointed as the President thereof." The precondition for the appointment of Commission is that there must be a definite matter' of public importance calling for the constitution of Commission. The present are mere allegations published in the Dailies only on the basis of an interview given outside Pakistan allegedly by Mr. Ansar Barni. The petitioner has got no locus‑standi to ask for the constitution of the Commission simply for alleged apprehension demonstrated in the interview source of which has not been disclosed in the allegations. It is not mentioned in the report that how Mr. Ansar Barni came to know about all these allegations. The present writ petition on the face of it, is misconceived and dismissed as such in limine. H.B.T./M‑2645/L Petition dismissed.