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ZIA ULLAH KHAN vs GOVERNMENT OF PAKISTAN through Secretary Interior art — 2022 PLD 122 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLD 122 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLD
Parties
ZIA ULLAH KHAN vs GOVERNMENT OF PAKISTAN through Secretary Interior art
Subject matter
Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZIA ULLAH KHAN VS GOVERNMENT OF PAKISTAN through Secretary Interior art. 199---Constitutional petition---Grievance Redressal Mechanism---Good governance---Prime Minister's Performance Delivery Unit (PMDU) and Pakistan Citizen's Portal (PCP)---Direction to Provincial Government---Petitioner was aggrieved of inquiry by provincial police into complaint received on PCP and forwarded by Federal Government---Validity---Constitutional scheme of distribution of powers and adherence to the same was more important than redressal of grievance through instrumentality of PMDU and PCP---Such mechanism could only be made effective if institutions made for the purpose were made accountable, effective and responsive to such complaints by none else than respective Provincial Governments, in whose domain such departments or organizations lied---Outside interventions in such departments and those also in contravention of Constitutional schemes and laws of the land would not produce any good but would rather cause more harm---Proceedings initiated and conducted on the authority of Pakistan Citizen Portal including entertaining of such complaint and referring the same to police authorities for taking necessary action, were unconstitutional and beyond the Executive authority of Federation, illegal, without lawful authority and were null and void---High Court quashed the proceedings initiated by Pakistan Citizen Portal as the same were within the exclusive domain of Provincial authorities and those conducted by local police against petitioner on the direction of PCP were also initiated without lawful authority, in an unlawful manner---High Court declined to initiate criminal proceedings against complainant or furnishing information about identity and whereabouts of complainant---Constitutional petition was allowed accordingly. Head Notes

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