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Thursday December 09, 2021

Khursheed’s production orders: IHC declares plea non-maintainable

June 25, 2021

ISLAMABAD: The Islamabad High Court (IHC) Thursday disposed of a petition seeking production orders for the Pakistan People's Party (PPP) lawmaker Syed Khursheed Shah observing that it couldn't instruct the Speaker National Assembly under Article 69 of the Constitution.

Chief Justice IHC Justice Athar Minallah remarked that the authority rested with the National Assembly Speaker Asad Qaiser to issue production orders under Rule 108 and the court couldn't pass to him any order.

Khursheed Shah's lawyer Farook H. Naek said the matter of exemption of parliamentary proceedings under Article 69 was pending with a division bench.

Justice Minallah remarked that the court had also clarified that it could not issue a writ in violation of Rule 108. He asked whether the petitioner had approached the NA Speaker through the opposition leader. He observed that the court intervention would violate the honor of Parliament, adding that the court didn't even want to go to the depth of the matter, as it respected the supremacy of the institution.

Earlier, the court reserved its judgment on maintainability of the case and later disposed it of. The court stated in its order that Article 69 stopped it from issuing instructions to the NA Speaker. The court expected that the NA Speaker would take a decision on the matter keeping in view the interests of people of NA-206 constituency.

The NA speaker has powers under Rule 108, the decision said, adding that the petitioner could approach him for the relief.