MUHAMMAD RAZZAQ vs FEDERATION OF PAKISTAN art — 2024 PLD 238 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD RAZZAQ VS FEDERATION OF PAKISTAN art. 37---Police reforms---Provincial and District Public Safety Commissions---Non-establishment of---Statutory obligation of the Provincial government---Devolution of political, administrative and financial responsibility and authority was one time act which could not be withdrawn after insertion of the art. 140a in the Constitution---Moreover, there was difference between delegation and devolution---Delegation was a power of the superior forum like Provincial government, which could be withdrawn at any time---Devolution of responsibility and authority under the Constitution once given could not be revoked---Though the dissolution of local government and role of the provincial government after devolution is not directly in question yet, there had to be a continuity for elected representation of the people which was essence of the Constitution for exercising sovereignty---article 37 of the Police Order, 2002, if read with the Preamble and article 140a of the Constitution, clarified without any doubt that a public check, through their chosen representatives, was envisaged on the misuse of power by the police---at least for the purpose of the art. 37, in absence of newly elected representation, the representatives lastly elected by the people shall continue to represent the people unless newly elected representatives replaced them---There cannot be any gap for the people to exercise sovereignty through their elected representation---Provincial government was directed to comply with the obligation of art. 37 of the Police Order, 2002, within 30-days, without fail by nominating amongst last representatives of the respective local government.

MUHAMMAD RAZZAQ vs FEDERATION OF PAKISTAN art — 2024 PLD 238 LAHORE-HIGH-COURT-LAHORE

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