The STATE through Prosecutor-General, Punjab vs Hafiz IKRAM SAEED and others
This matter comes before the Supreme Court of Pakistan through petitions arising from the dismissal of a constitutional petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, on technical grounds regarding proper institution. The core legal question examined was whether a constitutional petition by the Province of the Punjab under Article 199 must fulfill the requirements of Article 174 of the Constitution concerning how the Province sues, and whether the Prosecutor-General is exclusively authorized to institute such proceedings without the Province being properly represented. The Court held, with the concurrence of the counsel, that the Province of the Punjab must invoke the jurisdiction in accordance with Article 174. Consequently, the Supreme Court set aside the impugned order of the High Court, granted permission to the Province of the Punjab to file a petition through the Secretary Prosecution, converted the petitions into appeals, and disposed of them.
- Can a constitutional petition under Article 199 of the Constitution be instituted by the Province of the Punjab without complying with the requirements of Article 174?
- Is the Prosecutor-General exclusively authorized to initiate constitutional proceedings in the High Court without fulfilling general constitutional provisions regarding suits by the Province?
- Article 199, Constitution of the Islamic Republic of Pakistan, 1973
- Article 174, Constitution of the Islamic Republic of Pakistan, 1973
- Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---In these cases Constitutional Petition filed by the petitioner under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, has been dismissed, on technical grounds, as the same has not been properly instituted.
2. We have inquired from the learned counsel that to meet with the requirement of Article 174 of the Constitution while invoking the jurisdiction of the learned High Court under Article 199, it is not possible for the Province of the Punjab to sue the respondents through the Secretary Prosecution.
He candidly conceded and stated that although under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, the Prosecutor-General and the Additional Prosecutor-General are authorized to initiate the proceedings before the learned High Court, but when we have pointed out to him that in the instant case constitutional jurisdiction has been invoked, therefore, the requirement of other constitutional provision to make such proceedings competent has to be fulfilled. On this, he stated that the instant order be set aside and the Secretary Prosecution, Government of the Punjab shall institute Constitutional Petitions for redressal of the grievance against the respondents. The learned Additional Advocate-General also conceded this position and stated that in such like situation, it is always the Province, which invokes the jurisdiction of the learned High Court subject to Article 174 of the Constitution. Learned counsel for the private respondents has also no objection in passing the order, as it has been proposed hereinabove.
5. Thus, for the foregoing reasons, the impugned order dated 13-2-2013 is set aside and permission is accorded to the Province of the Punjab to file a petition for redressal of grievance through the Secretary Prosecution under Article 199 of the Constitution. These petitions are converted into appeals and disposed of, leaving the parties to bear their own cost.
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