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PAKISTAN B. TECH HONORS ENGINEERS ASSOCIATION through Muhammad Khursheed Shinwari vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad S — 2024 CLC 857 ISLAMABAD

Case information

Citation
2024 CLC 857 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
PAKISTAN B. TECH HONORS ENGINEERS ASSOCIATION through Muhammad Khursheed Shinwari vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad S
Subject matter
Constitutional
Provisions referred to
S. 4; Technology Act

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

PAKISTAN B. TECH HONORS ENGINEERS ASSOCIATION through Muhammad Khursheed Shinwari VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad S. 4(1)---Rules of Procedure and Conduct of Business in the National Assembly, 2007, R. 261---Constitution of Pakistan, Arts. 70 & 199---Constitutional petition---Locus standi---Legislative procedure---Amendment through corrigendum---Scope---Petitioner was aggrieved of inserting a "comma" in between words "engineering" and "technologies" appearing in S.4(1) of National University of Technology Act, 2018 through corrigendum issued by National Assembly Secretariat---Validity---Procedure under R. 261 of Rules of Procedure and Conduct of Business in the National Assembly, 2007, can be invoked only to give effect to amendments in a Bill accepted by the House and not otherwise---Amendment brought about in S.4(1) of National University of Technology Act, 2018, by insertion of a comma between the words "engineering" and "technologies" had at no material stage been subjected to a legislative process or accepted by the Parliament---Amendments in a statute no matter how insignificant made through a process other than the legislative process prescribed in the Constitution is a matter of public importance and could be judicially reviewed at the instance of a public interest litigant---It is the fundamental right of every citizen to ensure that legislation is carried out strictly in accordance with the procedure prescribed in the Constitution---Petitioner might not be personally aggrieved by corrigendum in question but when subjected to a challenge and given the fact that it was issued in order to amend S.4(1) of National University of Technology Act, 2018, without resort to the legislative process envisaged by the Constitution, High Court was left with no option but to declare it as without lawful authority and of no legal effect---High Court declared that corrigendum in question was issued without lawful authority and of no legal effect---Constitutional petition was allowed accordingly.

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