OFFICER INCHARGE ARMY HOUSING DIRECTORATE, KARACHI vs FEDERATION OF PAKISTAN through Secretary, Ministry of De

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OFFICER INCHARGE ARMY HOUSING DIRECTORATE, KARACHI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence R. 5(15)---Secretariat Instructions, 2005, Instruction Nos. 65, 66, 67, 67-A & Appendix F, Clauses 1, 4---Housing (Askari Colonies Management) ('Askari Housing') ["the petitioner"]---Advocate On Record (AOR) filed present Civil Petition for Leave to Appeal (CPLA), without first ascertaining the petitioner's legal status; he assumed that the 'Authority Letter' issued by an Assistant Director of Askari Housing was sufficient, and, on its basis also engaged an Advocate Supreme Court (ASC)---Underlying assumption of the AOR being that the executive authority of the Federation can be exercised by Askari Housing through its Assistant Director---Question was whether Askari Housing is a legal entity established by law and whether it has the locus standi to initiate and defend legal proceeding---Held, that neither Askari Housing nor its Officer Incharge is a separate entity---In the present case the requisite authorisation to initiate/defend legal proceedings was also not obtained---If the High Court's judgment was to be challenged it had to be done by one of the legal entities which have been arrayed as respondents herein, and after obtaining requisite approval/permission---Petitioner arraying them as respondents suggests that the respondents were satisfied with the judgment of the High Court, which has been assailed herein---As regards the query whether the petitioner (Askari Housing) could engage a private counsel the Supreme Court did not receive any answer from the counsel---Askari Housing is a component of the Federal Government and has no independent legal status---Private counsel can only be engaged as stipulated in the decision in Rasheed Ahmed's case reported as Rasheed Ahmad v. Federation (PLD 2017 Supreme Court 121)---Present CPLA has been filed without complying with the Rules of Business, 1973 and the Secretariat Instructions 2005, and permission to engage private counsel was also not obtained in terms of Rasheed Ahmed's case---Petition for leave to appeal was dismissed as not maintainable.

OFFICER INCHARGE ARMY HOUSING DIRECTORATE, KARACHI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Defence R — 2024 PLD 576 SUPREME-COURT

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