Form No: HCJD/C-121

ORDER SHEET
IN THE ISLAMABAD HIGH COURT, ISLAMABAD
JUDICIAL DEPARTMENT
I.C.A. No.24 /2024
Chief Commissioner ICT etc.
Vs
Malik Babar Ahmed etc.
S. No. of Date of Order with signature of Judge and that of parties or
order/ order/ counsel where necessary.
proceedings Proceedings
24.01.2024 Barrister Munawar Iqbal Duggal, advocate for the
appellant.

This appeal is directed against judgment

dated 29.12.2023 whereby Presidential Order

No.18 of 1980 dated 31.12.1980 has been struck

down.

2. Learned Addl. Attorney-General, inter alia,

contended that the reasons which prevailed with

the learned Judge-in-Chambers are not tenable. It

was submitted that Article 270-A of the

Constitution of the Islamic Republic of Pakistan,

1973 (the Constitution) gives protection of law to

Presidential Orders issued under the Proclamation

of the fifth day of July, 1977. It was submitted that

the Parliament (Majlas-e-Shoora) does have the

authority to legislate and can exercise the powers

which do not fall within the province; however, it

 does not debar the President to issue Orders under

Article 258 of the Constitution.

3. Notice to the respondents. At this juncture

we also issue notice to the Attorney-General for

Pakistan under Order XXVII-A CPC.

C.M. No.01/2024

Dispensation sought for is allowed subject to

all just and legal exceptions.

C.M. No.02/2024

Notice. Meanwhile, the Chief Commissioner

may continue to perform his functions pursuant to

Presidential Order in question.

(TARIQ MEHMOOD JAHANGIRI) (CHIEF JUSTICE)

JUDGE
*M. Naveed*