GOVERNMENT OF PAKISTAN through Secretary Interior vs ZIA ULLAH KHAN Sched — 2023 SCMR 1853 SUPREME-COURT

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GOVERNMENT OF PAKISTAN through Secretary Interior VS ZIA ULLAH KHAN Sched. II, Sr. No. 84---Constitution of Pakistan, Arts. 97 & 137---Proceedings initiated and actions taken by the Prime Minister's Performance, Delivery Unit ('Unit') and Pakistan Citizen's Portal ('Portal')---Constitutionality---High Court declared the working and functions of the Unit and the Portal to be unconstitutional and opined that the working of both the forums was transgression of the executive authority of the Province---Validity---Unit and the Portal merely receive complaints and they are automatically transmitted to the concerned authorities for consideration---Neither the Unit nor Portal exercises any power that would amount to prejudicing the rights of the citizens or treated as interference in the executive domain of the province---Transmission of information to the concerned authorities of a province, by no stretch of imagination, can be construed as interference or transgression in its domain---After receiving the information transmitted by the Unit or the Portal as the case may be, the concerned provincial authorities are expected to consider the same and thereafter proceed in accordance with the law; they are not bound to act in a particular manner nor can any direction or order be passed by the Unit or the Portal---High Court had not appreciated the working and functioning of both the forums---Moreover, the transmission of a complaint or information by the Federal Government to the concerned authorities of a province does not constitute interference or transgression in the executive domain of that province---Impugned judgment of the High Court, therefore, has not correctly appreciated and interpreted the status and functioning of the Unit and the Portal--- Petitions for leave to appeal were disposed of accordingly.

GOVERNMENT OF PAKISTAN through Secretary Interior vs ZIA ULLAH KHAN Sched — 2023 SCMR 1853 SUPREME-COURT

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