Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: M.D. TAHIR, ADVOCATE VS Respondent: FEDERAL GOVERNMENT
1999 M L D 3431
1999 M L D 3431
[Lahore]
Before Rashid Aziz Khan, CJ and Faqir Muhammad Khokhar, J
M. D. TAHIR, ADVOCATE---Petitioner
versus
FEDERAL GOVERNMENT and others---Respondents
Writ Petition No. 18751 of 1998, decided on 15th September, 1998
(a) Constitution of Pakistan (1973)---
----Arts. 48(6), 69(1) & 199---Rules of Procedure and Conduct of Business in National Assembly, 1992, R. 137---Constitutional petition ---Maintainability-- Contention was that issue of Comprehensive Test Ban Treaty (C.T.B.T.) could not be discussed in the National Assembly nor any Member of the Assembly could move any such resolution and issue of national importance was to be settled by holding a referendum as envisaged by cl. (6) of Art. 48 of Constitution---Validity---Any Member or Minister could move resolution relating to a matter of general public interest under R. 137 of Rules of Procedure and Conduct of Business in National Assembly, 1992---Validity of such proceedings could not be called in question in any Court under Art. 69(1), Constitution of Pakistan (1973).
(b) Constitution of Pakistan (1973)---
----Arts. 69(1) & 199---Constitutional petition---Proceedings to Parliament questioned before Court---Validity---Court could not examine pure political questions unless violation of Constitution or law was shown---Executive wing of Government was to decide such questions---Court declined to interfere with the proceedings in the National Assembly.
PLD 1973 SC 563 and Hakim Muhammad Anwar Babri v. Pakistan through Secretary to the Government of Pakistan, Ministry of Foreign Affairs anal another PLD 1973 Lah. 817 rel.
Petitioner in person.
ORDER
This Constitutional petition is directed to restrain the respondents from signing a Comprehensive Test Ban Treaty commonly known as C.T.B.T. and a prohibitory order against the proceedings which are being taken before the National Assembly of Pakistan.
2. The petitioner argued that issue of C.T.B.T. could not be discussed in the National Assembly of Pakistan nor any resolution could be moved by a member of the Assembly. It was further argued that the only way to settle the issue was by holding a referendum as envisaged by clause (6) of Article 48 of the Constitution of Islamic Republic of Pakistan. The proceedings before the National Assembly of Pakistan were coram non judice and void ab initio.
3. We have heard the petitioner at some length. Rule 137 of the Rules of Procedure and Conduct of Business in the National Assembly, 1992, lays down A that, subject to the provisions of these Rules any member or a 'Minister may move a resolution relating to a matter of general public interest Clause (1) of Article 69 of the Constitution of Islamic Republic of Pakistan contains an embargo whereby the validity of the proceedings in the Parliament shall not be ordinarily called in question before any Court. The petitioner failed to point out any violation of the Constitution and the law so as to attract the power of judicial review by this Court. It is not for us to examine the purely political questions unless a violation of the Constitution or the law is shown It is for the executive wing of the Government to decide whether to hold a referendum or not on the issue of C.T.B.T. A similar question was examined and decided by our Supreme Court in PLD 1973 SC 563 in a Special Presidential Reference concerning the debate before the National Assembly on the issue of recognition of Bangladesh. In the case of Hakim Muhammad Anwar Babri v Pakistan through Secretary to the Government of Pakistan, Ministry of Foreign Affairs and another (PLD 1973 Lahore 817), a Division Bench of this Court declined to interfere with the proceedings of resolution by the National Assembly of Pakistan.
4. For the foregoing reasons, this writ petition fails and is dismissed in limine.
Q.M.H./M-808/L Petition dismissed.