' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---In these cases Constitutional Petition filed by the petitioner under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, has been dismissed, on technical grounds, as the same has not been properly instituted.
2. We have inquired from the learned counsel that to meet with the requirement of Article 174 of the Constitution while invoking the jurisdiction of the learned High Court under Article 199, it is not possible for the Province of the Punjab to sue the respondents through the Secretary Prosecution.
He candidly conceded and stated that although under the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, the Prosecutor-General and the Additional Prosecutor-General are authorized to initiate the proceedings before the learned High Court, but when we have pointed out to him that in the instant case constitutional jurisdiction has been invoked, therefore, the requirement of other constitutional provision to make such proceedings competent has to be fulfilled. On this, he stated that the instant order be set aside and the Secretary Prosecution, Government of the Punjab shall institute Constitutional Petitions for redressal of the grievance against the respondents. The learned Additional Advocate-General also conceded this position and stated that in such like situation, it is always the Province, which invokes the jurisdiction of the learned High Court subject to Article 174 of the Constitution. Learned counsel for the private respondents has also no objection in passing the order, as it has been proposed hereinabove.
5. Thus, for the foregoing reasons, the impugned order dated 13-2-2013 is set aside and permission is accorded to the Province of the Punjab to file a petition for redressal of grievance through the Secretary Prosecution under Article 199 of the Constitution. These petitions are converted into appeals and disposed of, leaving the parties to bear their own cost.