| Case ID |
5cba3bf1-1c02-45ab-af24-5dd6d230bf0c |
| Body |
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| Case Number |
C.P. Nos. 78, 79, 85 of 2014 and C.P. No. 1646-L o |
| Decision Date |
Dec 09, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petitions seeking disqualification of the Prime Minister and the Interior Minister for allegedly making false statements in Parliament. The court found no material inconsistency in the statements made by the Prime Minister and the Interior Minister, which were in alignment with the information provided by the Inter-Services Public Relations (ISPR) department. The court ruled that the allegations did not meet the constitutional requirements for disqualification under Articles 62(1)(f) and 63(1)(g). The petitions raised political questions deemed not justiciable, and thus the court reaffirmed the importance of judicial restraint in political matters. |
| Summary |
This case revolves around the constitutional petitions filed against the Prime Minister and the Interior Minister for alleged false statements made in Parliament, which purportedly violated Articles 62 and 63 of the Constitution of Pakistan. The Lahore High Court examined the maintainability of the petitions, ultimately dismissing them on grounds of non-justiciability as political questions. The court emphasized the need for a clear judicial determination regarding disqualifications of elected officials, highlighting the constitutional requirement for a prior court declaration or conviction before any action could be taken against a member of Parliament. This judgment underscores the delicate balance between judicial oversight and political accountability in the governance of Pakistan, reaffirming the principle that constitutional provisions must be interpreted in light of their intent to maintain democratic integrity. The case is significant for its implications on the standards of accountability for elected officials and the interpretation of constitutional qualifications and disqualifications, particularly in politically charged environments. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Nasir-ul-Mulk, C.J.,
Jawwad S. Khawaja, J.,
Anwar Zaheer Jamali, J.,
Mian Saqib Nisar, J.,
Asif Saeed Khan Khosa, J.,
Sarmad Jalal Osmany, J.,
Mushir Alam, J.
|
| Lawyers |
Irfan Qadir, Advocate Supreme Court,
Sardar Abdul Raziq Khan, Advocate Supreme Court,
Salman Aslam Butt, Attorney-General for Pakistan,
Waqar Rana, Additional Attorney-General for Pakistan,
Kh. Saeed-uz-Zafar, Additional Attorney-General for Pakistan,
Sohail Mehmood, Deputy Attorney-General for Pakistan,
Hamid Khan, Senior Advocate Supreme Court,
Kh. Haris Ahmed, Advocate Supreme Court
|
| Petitioners |
Muhammad Azhar Siddique,
Ishaq Khan Khakwani,
Senator Chaudhary Shaujaat Hussain,
Gohar Nawaz Sindhu
|
| Respondents |
Mian Muhammad Nawaz Sharif,
Ch. Nisar Ahmad
|
| Citations |
2015 SLD 86,
2015 PLD 275
|
| Other Citations |
Messrs Hudabiya Paper Mills Ltd. and others v. National Accountability Bureau PLD 2012 Lahore 515,
Mehmood Khan Achakzai v. Federation of Pakistan PLD 1997 SC 426,
Federation of Pakistan v. Muhammad Saifullah Khan PLD 1989 SC 166,
Watan Party and others v. Federation of Pakistan and others PLD 2012 SC 292,
Baker v. Carr [369 U.S. 186 (1962)],
State of Rajasthan v. Union of India AIR 1977 SC 1361
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
185(3),
184(3),
62,
10A,
203D,
62(1)(f),
2A,
2,
31,
1(1),
41(2),
37(g),
37(h),
38(f),
40,
50,
203F,
227(1),
228,
230(1),
63(1)(g)
|