| Case ID |
0ff84d0e-5c67-456b-a502-0f1029dfa0d9 |
| Body |
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| Case Number |
W.P. No. 2304 of 2020 |
| Decision Date |
Aug 25, 2020 |
| Hearing Date |
Aug 25, 2020 |
| Decision |
The petition was disposed of as the petitioner failed to provide substantial evidence regarding the alleged misconduct of Respondent No. 3, Mirza Shahzad Akbar, in his capacity as an Adviser and Chairman of the Assets Recovery Unit. The court emphasized that the objection concerning the appointment of Respondent No. 3 had already been raised before the Supreme Court, and the detailed judgment was awaited. The court noted that the petitioner did not demonstrate that his rights were violated or that he had been harmed by Respondent No. 3's actions. The court reiterated that the responsibilities and limitations of an Adviser, as defined by the Constitution and the Rules of Business, 1973, prohibit interference in executive functions of the Federal Government. The petition was thus dismissed without issuing a writ of quo warranto for the appointment of Respondent No. 3, as no relevant grounds were established for further hearings. |
| Summary |
This case revolves around the jurisdiction and powers of the Islamabad High Court under Article 199 of the Constitution of Pakistan, 1973. The petitioner challenged the appointment of Mirza Shahzad Akbar as an Adviser and Chairman of the Assets Recovery Unit, alleging abuse of authority and interference with the National Accountability Bureau's operations. The court found that the petitioner failed to present any evidence of harm or infringement of rights, leading to the dismissal of the petition. The case underscores the constitutional framework governing the appointment of advisers and the limitations placed on their roles within the executive structure. It highlights the importance of adhering to established legal protocols and the non-justiciability of certain executive decisions. The decision serves as a significant reference for future cases concerning the powers of advisers and executive authority in Pakistan. |
| Court |
Islamabad High Court
|
| Entities Involved |
National Accountability Bureau,
Federal Investigation Agency,
Assets Recovery Unit
|
| Judges |
ATHAR MINALLAH, CHIEF JUSTICE,
SYED PERVAIZ ZAHOOR
|
| Lawyers |
Mr. Amanullah Kanrani, Advocate
|
| Petitioners |
Unknown Petitioner
|
| Respondents |
PRIME MINISTER OF PAKISTAN THROUGH SECRETARY AND 3 OTHERS
|
| Citations |
2021 SLD 1995,
2021 PLJ 209
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
93
|