3257/2010 Const. P. Hafiz Muhammad Tariq (Petitioner) V/S Fed.of Pakistan and others (Respondent)

3257/2010 Const. P. Hafiz Muhammad Tariq (Petitioner) V/S Fed.of Pakistan and others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 21-JAN-25

Progressing further on the subject issue, we have noticed that the (Amendment) Act, 2016, and the decision of the Supreme Court in the case of Shafique Ahmed Khan and others supra came on 21st January 2016, which clarified the status of NCAES Rules, 2011 of National Command Authority. Therefore, there is no further discussion on the aforesaid proposition required on our part. It is well settled that the Government and control organization fall within the ambit of "person" within the meaning of Article 199(1)(a)(ii) read with Article 199 (5) of the Constitution and if their actions or orders are violative of the statute creating those bodies or of rules/regulations framed under a statute, the same could be interfered with by the High Court under Article 199 of the Constitution. It is also well settled that when the service issues of the employees of such organizations/authorities are non-statutory then its enforcement has been restricted by the Supreme Court in the case of Pakistan Electric Power Company v Syed Salahuddin (2022 SCMR 991).