The Sindh High Court at Karachi allowed our application for Rejection of Plaint. The Court held that the civil suit is barred by law in light of Article 66 and Article 69 of the Constitution of Pakistan 1973, and no lawful cause of action accrued to the Plaintiff in light of Section 42 of the Specific Relief Act 1877.
By way of background, Dr. Affnanullah Khan, who is a Senator from PML-N and a member of Senate Standing Committee on Petroleum, was initially restrained by Hascol’s Ex-CEO Mr. Saleem Butt via Suit 1557 of 2021, to take steps against the individuals who were allegedly involved in the Hascol fraud/financial irregularities. Senator Khan brought to the attention of the Senate Chairman the serious allegations of a financial default amounting to Rs74 billion. He emphasized the need for scrutiny by the committee due to the involvement of public funds.
The Senator engaged our firm’s Founding Partner Barrister Junaid Ahmed to represent him before the Sindh High Court. The Court during the course of arguments framed two questions of law to adjudicate the matter: Firstly, whether this Court had jurisdiction could inquire into proceedings of Parliament and place a restraint upon functioning of a Standing Committee of the Senate of Pakistan? and secondly, whether in the present circumstances a negative declaration could be granted in exercise of Section 42 of the Specific Relief Act 1877. The Court conceded our submissions and primarily held: that Courts ought not to inquire into proceedings of Parliament and parliamentary privilege is accorded to inter parliamentary communications in the Constitution. The Court further held that negative declaration as enunciated in the present Suit by the Plaintiff could not be allowed.
Consequently, the High Court allowed our Client’s application for rejection of plaint and dismissed the injunction application .