| Case ID |
eb92899a-5613-4e79-aae1-bc777c39726c |
| Body |
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| Case Number |
Writ Petition No. 2387 of 2019 |
| Decision Date |
Sep 13, 2019 |
| Hearing Date |
Sep 13, 2019 |
| Decision |
The Lahore High Court allowed the constitutional petition filed by the petitioner, a member of the Provincial Assembly of Sindh, directing the authorities to make arrangements for her attendance at the ongoing session of the Provincial Assembly, provided that the proceedings of the Accountability Court were not affected. The court emphasized the importance of a member's right to represent their constituency and ruled that the intervention of the Federal Government was not necessary for implementing the production order issued by the Speaker of the Assembly. |
| Summary |
This case involves a constitutional petition filed by a member of the Provincial Assembly of Sindh who was arrested by the National Accountability Bureau. The court examined the rights of the petitioner to attend assembly sessions despite being in custody. It ruled that the assembly's production order must be complied with, highlighting the principles of cooperative federalism and the importance of legislative representation. The decision reinforces the need for intergovernmental cooperation in administrative and legislative matters, ensuring that elected representatives can fulfill their duties. Keywords: constitutional petition, Provincial Assembly of Sindh, National Accountability Bureau, legislative representation, cooperative federalism, production order. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIRZA VIQAS RAUF,
MRS. FARYAL TALPUR
|
| Lawyers |
Farooq H. Naek,
Zia-ul-Hassan Lanjar,
Mujeeb-ur-Rehman Kiani,
Salman Talibuddin,
Barrister Shabir Shah
|
| Petitioners |
Farooq H. Naek,
Zia-ul-Hassan Lanjar
|
| Respondents |
PROVINCE OF PUNJAB THROUGH CHIEF SECRETARY, LAHORE,
Salman Talibuddin,
MUJEED-UR-REHMAN KIANI,
Barrister Shabir Shah
|
| Citations |
2020 SLD 369,
2020 PLD 122
|
| Other Citations |
1999 SCMR 2166,
PLD 2014 SC 131,
PLD 2017 Lah. 489,
PLD 1999 Kar. 54,
2003 PCr.LJ 266,
PLD 1992 Kar. 430,
1998 SCMR 1955
|
| Laws Involved |
Constitution of Pakistan, 1973,
National Accountability Ordinance, 1999,
Rules of Procedure of Provincial Assembly of Sindh, 2013
|
| Sections |
109,
141,
199,
9(a)(iv),
R.82,
R.82(2)(3)
|