BILAL HAQUE vs KAMRAN ALI AFZAL, SECRETARY, CABINET DIVISION, ISLAMABAD Rr — 2024 SCMR 1749 SUPREME-COURT

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BILAL HAQUE VS KAMRAN ALI AFZAL, SECRETARY, CABINET DIVISION, ISLAMABAD Rr. 3(3), 10(1)(b) & Sched. II---Islamabad Wildlife Management Board('Wildlife Board') transferred from the Ministry of Climate Change and Environmental Coordination to the Ministry of Interior/ Interior Division---Legality---Rule 3 of the Rules of Business, 1973 ('the Rules') vests power in the Prime Minister to allocate business of the Federal Government amongst the different Divisions mentioned in Schedule II of the Rules---However, the business which is allocated amongst the Divisions must have some nexus with the work of the Division and serve the public interest---Schedule II of the Rules, is enacted pursuant to R. 3(3) of the Rules and it lists the different Divisions, including the Establishment Division---Amongst the functions of the Establishment Division is the 'Review of organizations, functions and procedures of the Divisions' and that this be done 'with the objective of improving their efficiency'---Rule 10(1)(b) of the Rules states that 'a change in the allocation of business between various divisions of a Ministry' must not be done 'without previous consultation with the Cabinet Division'---In the present case two Divisions were rearranged without the involvement/approval of the Establishment Division and without consulting the Cabinet Division---Interior Division has many responsibilities, as set out in Schedule II of the Rules---To handover the Wildlife Board and the Margalla Hills National Park ('National Park') to the Ministry of Interior/Interior Division was not done with the objective of improving their efficiency---Wildlife Board and the National Park did not have the remotest concern with the workings of the Ministry of Interior/Interior Division, nor did it have any expertise or competence in attending to their affairs---Attorney General stated before the Supreme Court that the Memorandum dated 6 August 2024, through which the Wildlife Board was transferred from the Ministry of Climate Change and Environmental Coordination to the Ministry of Interior/Interior Division, has been withdrawn by issuing Memorandum dated 9 August 2024 and that the Wildlife Board shall continue to function under the Ministry of Climate Change and Environmental Coordination (and not under the Ministry of Interior/Interior Division)---Supreme Court after appreciating the fact that the Prime Minister had decided to withdraw the Memorandum gave directions that part of the Margalla Hills was in the province of the Khyber Pakhtunkhwa, therefore, the Provincial Government shall file concise statement under the signatures of the Chief Secretary, Secretary Forest and Director-General, Galiyat Development Authority, stating/disclosing the construction and projects which were being raised therein.

BILAL HAQUE vs KAMRAN ALI AFZAL, SECRETARY, CABINET DIVISION, ISLAMABAD Rr — 2024 SCMR 1749 SUPREME-COURT

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