The Constitution of Pakistan, 1973 Developed by Zain Sheikh

AMIN JAN

V/S

DIRECTOR GENERAL T&T AND OTHERS

Per Fazl-i-Mahmood, J.

(a) Constitution of Pakistan (1973), Articles 199, 99 & 90:

Article 199 — Constitutional jurisdiction — Inter-departmental affairs — High Court, though possessed of ample power to remedy a wrong suffered by a citizen who invokes jurisdiction but at same t  me in its discretion as a rule of prudence, prefers to exercise judicial restraint and, except for compelling reasons, does not favour interference with inter-departmental affairs which can be sorted out after due observance of law by contending departments — Public exhibition of discord in different department of same Government deprecated. [p. 82] A

Articles 99, 90 & 199 — Rules of Business, 1973, Rule 14 — Policy of Rule 14 — Policy of Rule to achieve harmonious functioning of various Divisions and Ministries of Federal Government — Duty of Divisions/ Ministries of Federal Government to act in consonance with Rule — Burdening Courts with matters which ought to be settled at department level not approved.

The policy of Rules of Business, 1973 appears to be to achieve harmonious functioning of various Divisions and Ministries of the Federal Government and further to ensure that they seek and act on competent expert advice in respect of (i) all legal questions arising out of any case, (ii) on the interpretation of any law; and (iii) at the earliest possible stage whenever any civil or criminal proceedings are instituted against the Federal Government. These Rules of Business ar thus based on public policy and designed to safeguard effectively the State interests. To act in consonance with these rules is a clear duty cast on all the Divisions Ministries of the Federal Government. This can be clearly spelt out from the use of the word “shall” in the opening part of rule 14 of the Rules of business. Reference may, in particular, be made to sub-clauses (a), (b) and (f) to sub-rule (I) of rule 14. Law, Rules and Regulations of obligatory character are meant to be obeyed and honoured by their observance and not through breaches. Any departure from the aforesaid provisions is bound to lead to anomalous results and prove injuries to smooth transaction of the business of the Federal Government by its various Divisions and Ministries. The letter and sprit of the law when observed, will also have the wholesome effect of avoidance of frivolous litigation and waste of public time and expense. Non-observance of these rules, on the other hand, is fraught with the danger of giving rise to unnecessary litigation and bound to impede the speedy dispensation of justice. It is against public policy and public interest to burden the Courts with matters which ought to be settled at the departmental level. [pp. 83, 84] B & C