سائفر تحقیقات سے متعلق درخواست/اپیلوں کا سپریم کورٹ کا فیصلہ

 The executive authority of the Federal Government is attended to by Chapter III of Part III of the Constitution which in its Article 97 stipulates that, the executive authority of the Federation shall extend to the matters with respect to which the Parliament has powers to make laws … . The said laws are those mentioned in the Federal Legislative List (Fourth Schedule to the Constitution) which also mentions external affairs at number 3 of the said List. Therefore, the matter exclusively vested in the Federal Government. However, the then Prime Minister in his discretion elected not to exercise powers under the Act to order an inquiry. The Court cannot assume the executive powers vesting in the Federal Government.

It will also not be out of place to refer to Article 175(3) of the Constitution which mandates the separation of the Judiciary from the Executive. Needless to state that neither should encroach upon the domain of the other.

Miscellaneous C.M.Appeal.44/2022
Zulfiqar Ahmed Bhutta Advocate Supreme Court of Pakistan at Islamabad v. The Federation of Pakistan through Secretary Law & Justice Division, Islamabad
Mr. Justice Qazi Faez Isa
22-02-2023