Muhammad Naeem Khan VS FOP etc

Form No: HCJD/C-121

ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

(JUDICIAL DEPARTMENT)

W.P. No.1122/2022

Muhammad Naeem Khan

Versus

The Federation of Pakistan, through Secretary Law & Justice Division & 2 others S. No. of Date of order/ Order with signature of Judge and that of parties or counsel where order/ proceedings necessary.

proceedings 30-03-2022 Mr Muhammad Ali Raza, ASC for petitioner.

Athar Minallah, C.J.- The petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the ‘Constitution’) because he asserts that his grievance stems from the statement made by the Prime Minister of Pakistan regarding public disclosure of a letter, which is stated to be confidential. The petitioner asserts that since a no confidence has been tabled against the Prime Minister in the Majlis-e-Shoora (Parliament), therefore, it is apprehended that the latter’s

W.P. No.1122/2022

personal interest may prevail over the official obligations.

2.The learned counsel has, inter alia, contended that the communication, likely to be made public, is covered under section 5 of the Official Secrets Act, 1923. The learned counsel has drawn the attention of the Court to section 5 in support of his contention that no document in possession of a public office holder can be disclosed to a person other than to whom he is authorized to communicate it, or a court of justice or a person to whom it is, in the interest of the State, or his duty to communicate it. The learned counsel has, therefore, stressed that a confidential communication cannot be made public otherwise it would be in violation of the Official Secrets Act, 1923 as well as the Prime Minister’s oath administered under Article 91(5) of the Constitution.

3.The learned counsel has been heard.

4.It is noted that the Prime Minister of Pakistan represents the people of Pakistan and he was administered the oath under Article 91(5) of the

W.P. No.1122/2022

Constitution. The relevant portion of the oath is reproduced as follows.-

“That, as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:”

“And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime Minister, except as may be required for the due discharge of my duties as Prime Minister”.

5.The worthy Prime Minister is an elected leader of the treasury benches. The Court is confident that as an elected Prime Minister he would not disclose any information or act in breach of section 5 of the Official Secrets Act, 1923 nor the oath taken by him under the Constitution. Any decision taken by the worthy Prime Minister has to be in consonance with his obligations under the Official Secrets Act, 1923 and in letter and spirit of the oath of the office. The Court has trust and confidence that the worthy Prime Minister of

W.P. No.1122/2022

Pakistan would not reveal any information which may be prejudicial to the national interest and national integrity of Pakistan nor that he would act in any manner that would have the effect of violating his oath.

6.The petition stands disposed-of in the above terms because passing a restraining order would unjustifiably reflect lack of confidence in an elected Prime Minister.

(CHIEF JUSTICE)

Luqman Khan/*