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P L D 1991 SC 459

FEDERATION OF PAKISTAN
V/S
PUBLIC AT LARGE

Per Nasim Hasan Shah, J.

Constitution of Pakistan (1973), Articles 25, 31, 64 & :

Articles 25, 31, 64(2), 203D, 203F, 2A, 4, 8, & 227 read with Members of National Assembly (Exemption from Preventive Detention and Personal Appearance) Ordinance (IX of 1963), Sections 3 & 4 — Repugnancy in Injucntions of Islam — Provision of law contained in Sections 3 & 4 of the Ordianance relating to examption of Members of the National assembly from appearance before the Courts and the provisions for the stay of proceedings
of these Courts for the whole period when the Assembly was in session and for a period of 14 days before and 14 days after the session, were manifestly repugnant to the Injunctions of Islam, provisions thus required amendment with a view to bringing them in accord with Injunctions of Islam.
Supreme Court while taking judicial notice of the fact observed that whenever an Hon’ble Member of the National assembly was busy attending a session of the House, the Courts, on being appraised of this fact, invariably granted him accommodation and did not prevent him from discharging his duties as such Member and the argument that his obligation to national interests deserved preference over individual interests was more theoretical than real. The privilege conferred on Members by Sections 3 and 4 of the Ordinance appears to be designed, in point of fact, from making it almost impossible to obtain justice as against him, if he is arrayed as a party before a Court so long as the he continues to be a Member of the National Assembly. This results in negation of the coincept of equality of citizens before law in the Islamic Republic of Pakistana. The verses of
the Holy Quraan and Ahadith of the Holy Prophet clearly establish that the provsiions relating to exemption of Members of the National Assembly from appearance before the Courts and the provisions for the stay of proceedings of these Courts for the whole period when the Assembly is in session and for a period of 14 days before and 14 days after the session are manifestly
repugnant to the Injunctions of Islam. Accordingly, they require amendment with a view to bringing them in accord with the Injunctions of Islam. [p. 463]A

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