Citation Name: 2024 PLC(CS) 516 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAJEEBULLAH vs GOVERNMENT OF B

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Citation Name: 2024 PLC(CS) 516 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAJEEBULLAH VS GOVERNMENT OF BALOCHISTAN S.5---Constitution of Pakistan, Art. 175(3)---Administration, control and supervision of the Balochistan Prosecution Service---Members of service under the Balochistan Prosecution Service (Constitution, Functions and Powers) Act, 2003---Transfer and posting---Prosecutor General or the Secretary, Prosecution Department, Government of Balochistan ('GoB')---Petitioners (who were performing their duties in the Prosecution Department, GoB) were aggrieved from a letter addressed to the District Public Prosecutors of Quetta etc. wherein it was mentioned that the Prosecutor General had no authority to issue transfer/posting orders of officers of BPS-17 and above, which authority, according to the impugned letter, vested exclusively with the Secretary, Prosecution Department, GoB---Question was as to whether the powers for transfer and posting of the members of service under the Balochistan Prosecution Service (Constitution, Function and Powers) Act, 2003, vested in the Prosecutor General or the Provincial Government?---Held, that "Prosecutor General" has been defined in S.2(l) of the Balochistan Prosecution Service (Constitution, Functions and Powers) Act, 2003, which holds the Prosecutor General responsible for management of prosecution and control over the Prosecutors and in the same manner, according to S. 5(2) of the Balochistan Prosecution Service (Constitution, Functions and Powers) Act, 2003, the administration of the service has been vested in the Prosecutor General---Intent of the legislature is to create independent and uninfluenced Prosecution Department so that the trust of general public be restored---Independent and fair prosecution is indispensible for any civilized criminal justice system---Constitution of Pakistan is based upon trichotomy of powers---Article 175 (3) of the Constitution envisages separation of judiciary from the executive---On the same analogy separation of prosecution from the executive is also necessary for transparent and fair prosecution of cases---For the administration, control and supervision under Balochistan Prosecution Service (Constitution, Functions and Powers) Act, 2003, the intent of legislature while enacting the Balochistan Prosecution Service (Constitution, Functions and Powers) Act, 2003 was to formulate independent, impartial and fair prosecution services free from external influences and ulterior considerations of any kind---For this very purpose, the Prosecutor General was authorized with management and administration of Prosecutors independently and the Secretary, Prosecution Department GoB had no role in said regard---High Court set-aside the impugned letter dated 08.09.2022---Constitutional petition was allowed, in circumstances.

Citation Name: 2024 PLC(CS) 516 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAJEEBULLAH vs GOVERNMENT OF BALOCHISTAN S — 2024 PLC(CS) 516 QUETTA-HIGH-COURT-BALOCHISTAN

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