| Case ID |
2a890ee8-8fad-400f-8fc0-79adfe093045 |
| Body |
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| Case Number |
Writ Petition No. 726 of 2018 |
| Decision Date |
Mar 05, 2019 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the petition filed by Riaz Hanif Rahi against the Pakistan Council of Architects and Town Planners. The court ruled that the Council was not considered a 'person' under Article 199 of the Constitution based on the 'function test' established by prior Supreme Court rulings. The court noted that the Federal Government did not exercise control over the Council, thus rendering the petition not maintainable. The decision clarified that the Council's operations do not involve state functions or sovereign powers, and therefore, it is not subject to the jurisdiction of the High Court. |
| Summary |
In the case of Writ Petition No. 726 of 2018, Riaz Hanif Rahi challenged the summoning of an annual general meeting by the Pakistan Council of Architects and Town Planners, asserting his right as a member. The Islamabad High Court ruled that the Council does not meet the criteria for being a 'person' under Article 199 of the Constitution, as it does not exercise state functions nor is it under the control of the Federal Government. This decision is significant for understanding the jurisdictional limits concerning statutory bodies in Pakistan, particularly in relation to the function test established by the Supreme Court. The ruling emphasizes the independence of statutory bodies from governmental oversight, which is a crucial aspect of administrative law in Pakistan. Keywords: Islamabad High Court, Pakistan Council of Architects, Writ Petition, Constitutional Jurisdiction, Function Test. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
ATHAR MINALLAH, CHIEF JUSTICE,
MAZHAR MUNIR
|
| Lawyers |
Riaz Hanif Rahi,
Syed Muhammad Tayyab, Deputy Attorney General
|
| Petitioners |
Riaz Hanif Rahi
|
| Respondents |
2 OTHERS,
FEDERATION OF PAKISTAN THROUGH MINISTRY OF HOUSING & WORK
|
| Citations |
2019 SLD 1510,
2019 MLD 1026
|
| Other Citations |
Pakistan Defence Officers Housing Authority v. Lt.-Col Syed Jawaid Ahmed and others 2013 SCMR 1707,
Pakistan International Airlines v. Tanweer-ur-Rehmani PLD 2010 SC 676,
Pakistan Defence Officers Housing Authority v. Mrs. Itrat Sajjad Khan and others 2017 SCMR 2010,
Acces Solar (Pvt.) Ltd and 2 others v. Federation of Pakistan and 3 others 2017 CLC 1259,
Dr Farzana Bari v. Ministry of Law, Justice and Human Rights through Secretary and 3 others PLD 2018 Islamabad 127,
Aitchison College, Lahore through Principal v. Muhammad Zubair and another PLD 2002 SC 326
|
| Laws Involved |
Pakistan Council of Architects and Town Planners Ordinance, 1983,
Constitution of Pakistan, 1973
|
| Sections |
3,
199
|