h1

P L D 1998 KARACHI 180

AHMED NAWAZ ALIAS BABAL KHAN JAKHRANI
V/S
THE STATE AND ANOTHER

Per M. L. Shahani, J.

(a) Constitution of Pakistan (1973) Art. 199When this petition, which was fixed for Kacha Peshi taken up, at the very outset learned counsel for the petitioner stated the he has instructions not learned counsel for the reason that the law has been set in motion and once the cognizance has been taken, appropriate order have been issued, and entire exercise has been undertaken to call for the comments, which have been filed, the respondent No. 2 has been in attendance, allowing the petitioner to withdraw this petition would amount to subverting the cause of justice. Moreover the grievance of the petitioner is not peculiar to him but a growing meanace of maladministration and it was necessary to lay down guidelines for the exercise of power vested in the administrations by law, as this Court is considered bulwark of a limited Constitution and barrier to encroachment and oppressions, I declined the prayer for withdrawal of this petition. [p. 183] A

(b) Constitution of Pakistan (1973) Art. 29

At the most because people of the constituency posed confidence in his ability by electing him to represent them in the Parliament, he can only claim to be “First amongst equals”. He does not get any licence to deal with his opponents to settle old score through administration after success in elections (particularly when such member is in ruling group). Nor the administration is subservient to his wishes or orders. Although in a slightly different context. [p. 184] D

(c) Constitution of Pakistan (1973) Arts. 199, 29, 25 & 30

A Deputy Commissioner in a district is a highest officer of the Administration and holds responsible position. He has to act in accordance with law at all time. Not only that but with the powers which are given to him in law more responsibilities are saddled on his shoulders corresponding to the powers. It is his duty to treat the poor and rich alike (and winning and defeated candidate alike) in accordance with the Injunctions of Islam and teachings of Qur’an and Sunnah. He must treat all children of Adam (which includes non-Muslims citizens as well) without any discrimination which is not only the essence of Islamic way of life but also in consonance with Article 25 of the Constitution. He is a public servant and not a private employee of any person holding authority either in the federation or in the federating unit. It is expected of the Deputy Commissioner that like Ceasar’s wife he should be above suspicion in his words, actions and dealings. It is expected that he should follow the law and in the letter and spirit. He has to deal with all matters of people in accordance with the law and in terms of Article 30 of the Constitution he has to judge his own actions. In other words if the action of the respondent No. 2 is firmly embedded in law, it is to be respected and honoured. But if he exceeds and transgresses lawful limits, the Courts are duty bound to check such action, declare it unlawful and direct him to act in accordance with the law. [p. 185] E
(d) Constitution of Pakistan (1973), Article 199, 29, 2 & 30

Unfortunately most civil servants, time and again, ignored the observations of Honourable Supreme Court given repeatedly that the public servants are not bound to obey the illegal orders of the Higher Authorities. In order to please their superiors, repeatedly it is seen that the principle of justice, equity and fair play, which is hallmark and back bone of our Constitutional system are put at the altar of selfishness by self-seeking administrators, therefore, prevents the society as a whole to achieve the desired dreams of our founding fathers. It is expected of the administration that while dealing with all manner of people they should keep in mind the mandate of Constitution and cherished principles of our founding fathers, and treat all citizens equally and in accordance with law. [p. 186] G

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: