| Case ID |
04526a2f-09a8-4865-9e82-919fe04e4364 |
| Body |
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| Case Number |
W.P. No. 3481 of 2016 |
| Decision Date |
Dec 29, 2017 |
| Hearing Date |
Sep 22, 2017 |
| Decision |
The Islamabad High Court ruled that the notifications appointing the Mayor of the Metropolitan Corporation, Islamabad, Sheikh Ansar Aziz, as the ex-officio member of the Capital Development Authority (CDA) Board and as Chairman on a part-time basis were illegal. The court emphasized the importance of the separation of powers and the independence of the CDA as a regulatory authority. It was determined that the Mayor's appointment violated the Capital Development Authority Ordinance, 1960, particularly regarding the disqualification clauses related to financial interests and conflicting interests. The court declared the notifications invalid and allowed the petitions challenging the Mayor's additional charge. |
| Summary |
This case revolves around the legality of the appointment of Sheikh Ansar Aziz, the Mayor of Islamabad, as an ex-officio member and part-time Chairman of the Capital Development Authority (CDA). The Islamabad High Court highlighted the separation of powers enshrined in the Constitution of Pakistan, 1973, and stressed the need for the CDA to function independently without undue interference from the Federal Government. The court found that the appointments were made in violation of the Capital Development Authority Ordinance, 1960, particularly concerning the provisions regarding disqualifications for financial interests. The decision reinforces the importance of transparent and lawful appointment processes in regulatory bodies, ensuring that such authorities maintain their autonomy and integrity. This ruling is significant in the context of regulatory governance in Pakistan, where the independence of statutory authorities is crucial for effective governance. The case also sheds light on the legal principles surrounding appointments to public offices and the necessity for compliance with statutory requirements. It serves as a precedent for future cases involving appointments within autonomous bodies, emphasizing the need for adherence to legal frameworks and the avoidance of conflicts of interest. |
| Court |
Islamabad High Court
|
| Entities Involved |
Capital Development Authority,
Islamabad Metropolitan Corporation
|
| Judges |
Athar Minallah, Justice,
Farrukh Nawaz Bhatti
|
| Lawyers |
Mr. G. M. Chaudhry, ASC,
Raja Muhammad Shafaqat Khan Abbasi, ASC,
Mr. Husnain Ibrahm Kazmi, ASC,
Ch. Shafiq Ur Rehman, ASC,
Mr. Afnan Karim Kundi, Additional Attorney General,
Kh. Muhammad Imtiaz, Assistant Attorney General,
Mr. Kasif Ali Malik, ASC,
Mr. Tariq Mehmood Jehangiri, ASC,
Mr. Muhammad Nazir Jawad, ASC
|
| Petitioners |
|
| Respondents |
Federal Government through Prime Minister of Pakistan & 3 Others
|
| Citations |
2018 SLD 2249,
2018 PLJ 166
|
| Other Citations |
Not available
|
| Laws Involved |
Capital Development Authority Ordinance, 1960,
Constitution of Pakistan, 1973
|
| Sections |
6(1)(2),
8,
199
|