ISLAMABAD - Islamabad High Court (IHC) on Thursday rejected Pakistan People’s Party (PPP) leader Syed Khursheed Shah’s petition seeking directions to Speaker National Assembly to issue his production orders.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition filed by Khursheed Shah through his counsel Farooq H Naek and dismissed it after hearing the arguments.
Justice Athar noted in his verdict that the Court was, therefore, bereft of jurisdiction to issue a direction or writ to the worthy Speaker in the context of powers conferred under Rule 108 of the Rules of 2007.
“However, even if this court had the jurisdiction, it would have shown restraint because issuing a direction to the worthy Speaker would have undermined the sanctity and supremacy of the Majlis-e-Shoora (Parliament),” maintained the IHC Chief Justice.
He said that the court had been informed that the Speaker had not even exercised his powers under Rule 108 of the Rules of 2007 nor refused to do so. “The court is confident that the worthy Speaker would consider the matter and exercise his powers under Rule 108 of the Rules of 2007 in the best interest of the constituents of NA-206, Sukkur-I so that they are not deprived of their right to be represented during the budget session.”
Justice Athar said, “For the above reasons, the court’s jurisdiction is barred under Article 69 of the Constitution to give a direction to the worthy Speaker.”
The petition is, therefore, disposed of with the expectation and confidence that the worthy Speaker will decide the matter in the best interest of the constituents of NA206, Sukkur-I. The Petitioner or any other competent person would be at liberty to approach the worthy Speaker.”
In his judgement, Justice Athar noted that a Division Bench of IHC in the judgement reported as ‘Riaz Hanif Rahi v. Federation of Pakistan through Secretary, Ministry of Law and Justice and 14 others’ has held that Rule 108 of the Rules of 2007 and the powers conferred ibid falls within the expression ‘proceedings’ of the Majlis-e-Shoora (Parliament) and, therefore, the bar under Article 69 of the Constitution of the Islamic Republic of Pakistan, 1973.
He said the jurisdiction of the Court was thus ousted and any direction given by the court would amount to transgression of the permissible constitutional limits