| Case ID |
429594be-2f99-44d2-beaa-10d037707778 |
| Body |
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| Case Number |
COC No. 163-P in W.P. No. 51-P of 2018 |
| Decision Date |
May 17, 2018 |
| Hearing Date |
May 09, 2018 |
| Decision |
The Court dismissed the petition for contempt against the Speaker of the Khyber Pakhtunkhwa Provincial Assembly, asserting that substantial compliance with the Court's previous orders had been fulfilled. The Court highlighted that the internal proceedings of the Provincial Assembly are non-justiciable under Article 69 of the Constitution. The petitioner was not administered the oath because the Assembly lacked the requisite quorum at the time of his production. The Court maintained that the Speaker's actions were within legal bounds and that there was no contempt as the directions had been substantially complied with, emphasizing the need for the Assembly to be in session when administering the oath. |
| Summary |
The Peshawar High Court addressed a contempt petition filed by Baldive Kumar against the Speaker of the Khyber Pakhtunkhwa Provincial Assembly for non-compliance with its orders to produce him for taking the oath as a member of the Assembly. The case revolved around the interpretation of the constitutional provisions regarding the administration of oaths and the jurisdiction of the Court over legislative proceedings. The Court concluded that the actions of the Speaker were compliant with the Court's directives, and that internal Assembly proceedings cannot be challenged in court. The decision underscores the balance between legislative privilege and judicial oversight, affirming the non-justiciability of internal legislative matters while ensuring compliance with constitutional mandates. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED AFSAR SHAH,
YAHYA AFRIDI, C.J.
|
| Lawyers |
Mr. Mohib Jan Salarzai,
Qazi Muhammad Anwar,
Syed Qaisar Ali Shah,
Mr. Ghulam Mohyuddin Malik,
Mr. Muhammad Muazzam Butt
|
| Petitioners |
BALDIVE KUMAR
|
| Respondents |
5 OTHERS,
ASAD QAISER SPEAKER PROVINCIAL ASSEMBLY, KHYBER PAKHTUNKHWA
|
| Citations |
2018 SLD 2901,
2018 PLJ 200
|
| Other Citations |
PLD 1956 Lahore-807,
PLD 1966 SC-105,
PLD 1970 S.C 98,
PLD 1989 Quetta-25,
1992 CLC 2043,
PLD 2006 Quetta-36,
PLD 2012 S.C 774,
1995 PLC (CS)-8,
PLD 1999 Karachi-54
|
| Laws Involved |
Constitution of Pakistan, 1973,
Contempt of Court Act, 2012
|
| Sections |
204,
3,
4
|