Ch. FAYYAZ HUSSAIN vs PROVINCE OF PUNJAB R — 2022 PLD 1 LAHORE-HIGH-COURT-LAHORE

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Ch. FAYYAZ HUSSAIN VS PROVINCE OF PUNJAB R. 2(d)---Constitution of Pakistan, Arts. 115 & 199---Provincial Government's consent required for financial measures---Bill---Maintainability---Locus standi---Scope---Petitioner sought the Punjab Emergency Service (Amendment) Act, 2011 to be declared ultra vires of the constitutional provisions on the ground that the respondents were making the Punjab Emergency Service (Rescue 1122) an independent administrative department without obtaining requisite consent from the Provincial Government in violation of Art. 115 of the Constitution---Validity---Bill with respect to amendment in certain provisions of the Punjab Emergency Service Act, 2006 was presented by respondent before the Provincial Assembly---Word "Bill" had been defined under R. 2(d) of the Punjab Government Rules of Business, 2011, which meant a motion for making law---Bill was passed by the Provincial Assembly on 03.03.2021 and assented to by the Governor of the Punjab on 16-03-2021 and it was published in the Gazette of Punjab on 17.03.2021 pursuant to which the Rules of Business were also amended in terms of notification dated 23-06-2021---Stance of petitioner regarding financial implications and violation of Art. 115 of the Constitution did not hold water---Language of Art. 115(4) of the Constitution was very clear and unambiguous about the question whether a Bill was a money Bill or not, the decision of the Speaker of the Provincial Assembly thereon shall be final---Provision of Art. 115 were not attracted to the case in hand---Petitioner had invoked the constitutional jurisdiction of High Court under Art. 199 of the Constitution; therefore, it was incumbent upon him to establish that his legal or fundamental rights guaranteed under the Constitution had been violated---Similarly, he had to prove his locus standi to strike down the amendments in that regard on the pretext of denial of his legal rights, if any---Sine qua non for initiation of proceedings under Art. 199 of the Constitution that the Petitioner should have a locus standi to institute such proceedings or in other words the petitioner should be an aggrieved party from the action of the respondents---When the State was providing the basic necessities to fulfil the fundamental rights of health by providing an independent and more efficient emergency services through the Rescue 1122 then it was not to be restrained or hindered to do so under the constitutional jurisdiction without any justiciable and justifiable reasons to substantiate such intervention ---Constitutional petition was dismissed.

Ch. FAYYAZ HUSSAIN vs PROVINCE OF PUNJAB R — 2022 PLD 1 LAHORE-HIGH-COURT-LAHORE

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