FEDERATION OF PAKISTAN and another vs Haji MUHAMMAD NAWAZ KHOKHAR
This matter arises from petitions for leave to appeal directed against a consolidated judgment of the Lahore High Court concerning various writ petitions. The core legal questions involve whether section 31(2)(c) of the Ehtesab Act, 1997 is discriminatory and violates Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973, and whether pending proceedings relating to the period prior to 6-11-1990 can continue under the said Act in light of previous Supreme Court jurisprudence. The Supreme Court granted leave to appeal to examine these constitutional and statutory interpretation issues. Given that the impugned judgment was rendered by a Full Bench of five judges, the Court ordered the matter to be placed before the Chief Justice for the constitution of a larger Bench of not less than seven judges to hear the appeals.
- Whether section 31(2)(c) of the Ehtesab Act, 1997 is discriminatory and violative of the equal protection clause contained in Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973?
- Whether proceedings pending at the time of enforcement of the Ehtesab Act, 1997, relating to the period prior to 6-11-1990, can continue under the said Act?
- Section 31(2)(c), Ehtesab Act 1997
- Article 25, Constitution of the Islamic Republic of Pakistan 1973
ORDER
' IRSHAD HASAN KHAN, J.---We propose to dispose of the above petitions for leave to appeal, arising out a consolidated judgment dated 26-3-1998, passed by the Lahore High Court, Lahore in Writ Petitions Nos. 112/97, 12908/97, 12910/97, 14037/97, 14134/97, 24182/96, Cr. Misc. No, 41-H/1997, 4544/98, 4590/98, 4593/98, 4594/98 respectively, as common questions of law involved in these petitions.
2. After hearing Ch. Muhammad Farooq, the .Learned Attorney-General and Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court for respondent No,1 in Civil Petitions Nos.954/1998 to 956/1998, we are inclined to grant leave to appeal to examine whether the High Court was right in holding that section 31(2)(c) of Ehtesab Act, 1997 (hereinafter referred to as the Act), is discriminatory and violative of the equal protection clause contained in Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973 and cannot be sustained; whether the proceedings pending at the time of enforcement of the Act, relating to the period prior to 6-11-1990, cannot continue under the said Act; and whether the impugned decision to the said effect, is contrary to the judgment of this Court in the case of Hakim Ali Zardari v. The State (PLD 1998 SC 1).
3. The impugned judgment has since been passed by the Full Bench of the Lahore High Court, comprising five Hon'ble Judges, the matter may be placed before the Hon'ble Chief Justice for constitution of a larger Bench of not less than seven Judges for hearing these appeals at an early date.