1999 MLD 3431

M.D. TAHIR, ADVOCATE Versus FEDERAL GOVERNMENT

Citation1999 MLD 3431

CourtLahore High Court

Judge(s)Rashid Aziz Khan, CJ and Faqir Muhammad Khokhar

ORDER

This Constitutional petition is directed to restrain the respondents from signing a Comprehensive Test Ban Treaty commonly known as C.T.B.T. and a prohibitory order against the proceedings which are being taken before the National Assembly of Pakistan.

2. The petitioner argued that issue of C.T.B.T. could not be discussed in the National Assembly of Pakistan nor any resolution could be moved by a member of the Assembly. It was further argued that the only way to settle the issue was by holding a referendum as envisaged by clause (6) of Article 48 of the Constitution of Islamic Republic of Pakistan. The proceedings before the National Assembly of Pakistan were coram non judice and void ab initio.

3. We have heard the petitioner at some length. Rule 137 of the Rules of Procedure and Conduct of Business in the National Assembly, 1992, lays down A that, subject to the provisions of these Rules any member or a 'Minister may move a resolution relating to a matter of general public interest Clause (1) of Article 69 of the Constitution of Islamic Republic of Pakistan contains an embargo whereby the validity of the proceedings in the Parliament shall not be ordinarily called in question before any Court. The petitioner failed to point out any violation of the Constitution and the law so as to attract the power of judicial review by this Court. It is not for us to examine the purely political questions unless a violation of the Constitution or the law is shown It is for the executive wing of the Government to decide whether to hold a referendum or not on the issue of C.T.B.T. A similar question was examined and decided by our Supreme Court in PLD 1973 SC 563 in a Special Presidential Reference concerning the debate before the National Assembly on the issue of recognition of Bangladesh. In the case of Hakim Muhammad Anwar Babri v Pakistan through Secretary to the Government of Pakistan, Ministry of Foreign Affairs and another (PLD 1973 Lahore 817), a Division Bench of this Court declined to interfere with the proceedings of resolution by the National Assembly of Pakistan.

4. For the foregoing reasons, this writ petition fails and is dismissed in limine.

Q.M.H./M-808/L Petition dismissed.