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DR. NADEEM RIZVI versus FEDERATION OF PAKISTAN

r Article 270AA [as amended by the Constitution (Eighteenth Amendment) Act (X of 2010]] - The term 'deviation * on change -' evolution 'does not appear anywhere in the constitution, it has a special meaning and Meant only the process (which was to be completed by 30 6 2011), whereby federal issues relating to excluded entries were transferred to the provinces, [Page 359] A

P L D 2017 Sindh 347 

Before Ahmed Ali M. Sheikh, Munib Akhtar and Muhammad Ali Mazhar, JJ

Dr. NADEEM RIZVI and 7 others—Petitioners

versus

FEDERATION OF PAKISTAN and others—Respondents 

Constitutional Petition No.D-1692 of 2011, decided on 4th July, 2016 (a) Constitution of Pakistan—

—Art. 270AA [as amended by Constitution (Eighteenth Amendment) Act (X of 2010)]—Term ‘devolution*—Connotation—‘Devolution* does not appear anywhere else in the Constitution, it has a specific meaning and it only meant that process (which was to be completed by 30-6-2011), whereby federal matters relating to omitted entries were to be transferred to the Provinces, [p. 359] A

(b) Constitution of Pakistan—

Fourth Sched., Part-I, Entry 16—Provincial authority-

institutions, establishment of—Principles—Existence of Entry 16 in Part-I, of Fourth Schedule to the Constitution, does not prevent any Province from setting up a similar or even identical agency or institute—While agency or institute can be set up relating to any subject, discipline etc., its purpose must confÓrm; to the three specified aspects: research, professional or technical training, or promotion of special studies, [p. 363] B

(c) Court—

—Historical wrongs—Scope—Court of law is concerned only with constitutional and legal aspects of issues raised before it—Such are the only wrongs that lie with the remit of court and ‘historical9 wrongs are for history to worry about, [p. 367] C

(d) Interpretation of Constitution—

—Constitution provides for continuity and gives due recognition and force to existing laws. [p. 369] D

(e) Constitution of Pakistan—

—Art. 270AA(8)(9) [as amended by Constitution (Eighteenth Amendment) Act (X of 2010)] & Fourth Schedule, Part-1, Entry 16— Devolution of power—Provincial autonomy—Medical and Research Institutions established by Federal Government were taken over by Provincial Government after amendment in Art.270AA of the Constitution under, Constitution (Eighteenth Amendment) Act, 2010— Validity— Devolution contemplated by Art.270AA (8) and (9) of the Constitution, had no relevance for any of said institutions— Implementation Commission purported to recommend their transfer to Province and the Commission went well beyond its remit, authority and jurisdiction—Implementation Commission erred materially and on the constitutional plane, in making recommendation and Federal Cabinet and Government erred equally in accepting and acting upon the same— All actions taken in that regard were legally invalid and without lawful effect—Implementation Commission could only act in terms of Art.270AA (8) and (9) of the Constitution and devolution did not at all apply to any of the institutions in question—Purported transfer of institutions failed on constitutional plane and was unlawful—Medical Institutions were Federal Institutions within the scope of Entry No. 16 in Part-I, of Fourth Schedule to the Constitution—Institutions in question were in the exclusive Federal domain and remained so notwithstanding the effect of Eighteenth Amendment of the

Constitution—Constitutional petition was allowed in circumstances. [pp. 372, 375, 350/ E, F & G

Anwar Mansoor Khan along with Ms. Umaimah Khan, Ms. Reem Tashfeen Niaz, Abrar Hasan, Yousuf Ali Sayeed and Dr. Tahir Rasheed for Petitioners.

Salman Talibuddin, Addl. Attorney General, Ch. Muhammad Rafiq Rajori, Addl. A.G., Raza Rabbani, Farooq H. Naek, M.Zeeshan Abdullah, Ali Almani along with Samiur Rehman, Haq Nawaz Talpur, Sohail H. K. Rana and Salim Salaam Ansari for Respondents.

Dates of hearing: 27th August, 2013, 25th, August, 22nd September, 18th December, 2014, 30th March, 6th, 13th April, 11th, 30th May, 24th August, 2015 and 21st March, 2016.

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