Directives of Prime minister

  1. So for as the directive of Prime Minister is concerned, any such directive can only be implemented by the Courts of law if it is issued according to spirit of law and under  the powers vested by law — Held: the directives of Prime Minister, which are inconsistent with law, cannot be implemented by Courts of law. Razeem Sheikh & 6 others v. Azad Govt. & 3 others 2010 SCR 264 (C)  PLJ 1983 AJK 8, PLD 1980 Kar.166, 1992 SCR 307 rel.
  2. Contention that the direction of the Prime Minister should be carried out — held: the directions of Prime Minister can only be carried out which are consistent with law and any direction contrary to law cannot be carried out. M. Rehman v. Azad Govt. 2014 SCR 298 (D) 1992 SCR 307 ref.
  3. Writ — Held:  only legal orders of the Prime Minister can be implemented and a writ can be issued for enforcement of the said orders. Shahzad Sharif v. Azad Govt. & 14 others 2016 SCR 24 (D) 1992 SCR 307 & 2014 SCR 298 ref.
  4.  —only a legal order issued in a case processed properly has to be considered and implemented—order not issued in the prescribed manner has to be ignored— Secretary S&GAD  v. Dr. Raja Muhammad Arif & others  2019 SCR 790 (B)
  5. —the Prime Minister/controlling authority, not supposed to issue order on stray paper unless the case is properly processed and submitted by the concerned department according to prescribed manner— Syed Shabbir Ahmed Bukhari  v. Controlling Authority & others 2019 SCR 707 (C)             1992 SCR 307
  6. —Statues of—de-award of land—-land can only be de-awarded through duly promulgated notification and not merely on the order of Prime Minister on a white paper. Khadim Hussain v. Azad Govt. & others 2022 SCR 17 (A) 
  7. — Only the legal directions of Prime Minister can be implemented and the superior Courts can only enforce an order which is legal and valid. Health Deptt. &others v. Falik Sher & another 2022 SCR 21 (B) 2016 SCR 24 rel
  8. — implementation — writ jurisdiction — exercise of — held: writ jurisdiction cannot be exercised to direct a person to implement or give effect to an unlawful order issued by any authority even if that authority is competent to pass such an order in a lawful manner — the orders, direction etc. issued by Prime Minister or any other authority must have statutory backing — any directive that lacks legal validity or does not have statutory basis cannot be enforced — the authority of Prime Minister or any executive is limited to actions and decisions which are consistent with law — the powers of High Court to execute is writ jurisdiction is discretionary in nature — it will only enforce orders, directives etc. which are lawful, justified and have a legal basis. Syed Shafqat Hussain Naqvi versus Azad Govt. & 04 others 2023 SCR 616 (A) 2016 SCR 24 rel.
  9.  — implementation of — writ — writ jurisdiction cannot be exercised to direct a person to implement an unlawful order issued by any authority even if that authority is competent to pass such order in a lawful manner — any directive that lacks legal validity, contrary to law, or does not have a statutory basis cannot be enforced — the powers of High Court to exercise its writ jurisdiction is discretionary in nature — it can only enforce orders, directions, or decisions, that are lawful, justified and have a legal basis. Azad Govt. & others vs Nadia Akhtar 2024 SCR 82 (C) 2016 SCR 24 rel.
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