5
Crl.P. No. 225 of 2023
from, the Federal Government or the Provincial
Government
concerned,
or
some
officer
empowered in this behalf by either of the two
Governments.
The legislature was mindful of the heinousness, gravity, and
sensitivity of the offences, therefore, the above mechanism has
been provided. According to the said section, cognizance can only
be taken by a Court upon a complaint made by the Federal
Government, the Provincial Government concerned or some officer
empowered in this behalf in respect of the offences mentioned
therein. As per Articles 90 and 129 of the Constitution of the
Islamic Republic of Pakistan, 1973 (“Constitution”), “Federal
Government” consists of the Prime Minister and the Federal
Ministers, whereas the “Provincial Government” consists of the
Chief Minister and the Provincial Ministers, respectively. The word
“Government” has been further interpreted by this Court on the
basis of the stated constitutional provisions in Mustafa Impex.3 The
principle of Delegatus Non-Potest Delegare is a Latin legal maxim
that generally applied to the delegation of power or authority by
one person or entity to another. According to this Maxim, if a
person or entity to whom a power or authority is delegated, cannot
himself further delegate that power or authority to someone else.
However, such power can be delegated in circumstances where the
law expressly permits to do so, or in the absence of a law, where
the original delegation explicitly authorizes it. In such view of the
matter, section 196 of the Code mandates that no person or
authority other than the Federal Government or the Provincial
Government
or
any
officer
empowered
by
the
respective
Governments in this behalf is competent to file a complaint in
respect of the offences mentioned in section 196. Chapter XVI of
the Code provides a forum and procedure for filing of a complaint
and authorizes the Court to conduct a preliminary inquiry and, if
need be, to investigate the matter in order to ascertain its veracity.
If the Court finds that no case is to be made out from the material
3
Mustafa Impex and others v. Government of Pakistan and others; PLD 2016 SC 808