' SHAFIUR RAHMAN, J.---The Federation of Pakistan has by the following six petitions filed under Article 186-A of the Constitution sought the transfer of proceedings pending in various High Courts on the same subject and their consolidation for the purposes of disposal:-
(i) Constitutional Petition No,9 of 1990, pertaining to Writ Petition No,166 of 1990 (Khalid Malik v.
Federation of Pakistan and others). The petition was fixed before the High Court of Balochistan at Quetta for deciding the question of its admission on 10-9-1990.
(ii) Constitutional Petition No,10 of 1990 pertaining to Writ Petition No,351 of 1990 (Mian Muzaffar Shah v. Federation of Paksitan and another). This petition was admitted and fixed before the Peshawar High Court on 9-9-1990 and now on 18-9-1990.
(iii) Constitutional Petition No,11 of 1990, pertaining to C.P. No, 795 of 1990 (Riaz-ul-Din Bilal v.
Federation of Pakistan and another).
' This Writ Petition was admitted and fixed before the High Court of Sindh at Karachi for 17-9-1990.
(iv) Constitutional Petition No,12 of 1990, pertaining to Writ Petition No,5849 of 1990 (Wukala Mahaz Barai Tahafuz Dastoor versus Federation of Pakistan and 2 others). This Writ Petition was admitted and fixed for 18-9-1990, before the Lahroe High.Court, Lahore.
(v) Constitutional Petition No,13 of 1990, pertaining to C.P. No,754 of 1990 (Mr. Munawar Naimat v. Her Excellency Mrs. Benazir Bhutto and another). This Writ Petition was admitted and fixed before the High Court of Sindh at Karachi on 17-9-1990.
(vi. Constitutional Petition No,14 of 1990, pertaining to Writ Petition No,6228 of 1990 (Khawaja Ahmad Rahim v. Federation of Pakistan And another). This Writ Petition was admitted and fixed for hearing before the Lahore High Court, Lahore, for 18-9-1990.
' All these Writ Petitions pending in the various High Courts pertain to the girder of the President of Pakistan dated 6th August, 1990 passed in exercise of the powers conferred on him by clause 2(B) of Article 58 of the Constitution dissolving National Assembly of Pakistan with immediate effect, whereupon the Prime Minister and the Cabinet ceased to hold Office. In all the Petitions common questions of law and facts are said to arise and it is urged that it would be expedient and in the interest of justice to transfer and consolidate all such Writ Petitions, to be heard together by one High Court instead of four High Courts, preferably the Lahore High Court, Lahore.
3. The relief sought by the Federation of Pakistan/the applicant by these six Constitution Petitions has been opposed by Dr. A. Basit, Advocate, representing the Wukala Mahaz for Tahafuz Dastoor in Writ Petition No,5849 of 1990 on the ground that Article 18.6-A of the Constitution itself should not be considered to be a part of the Constitution, as according to him, the power to amend the Constitution by introducing Revival of the Constitution of 1973 Order, 1985 (President's Order No,XIV of 1985) was not available and was not exercised in the manner prescribed under the law for introducing Article 186-A.
4. Mr. Iftikhar Gilani, Advocate and Raja Muhammad Anwar, Advocate, the learned counsel representing Mian Muzaffar Shah (in W.P. 351/90) and Khawaja Ahmad Tariq Rahim (in W.P. No, 6228 of 1990) respectively contended that as the power exercised by the Governor under Article 112(2)(b) of the Constitution is also under consideration in a sepearate Writ Petition before the same Court and the proceedings in the Peshawar High Court's Writ Petition had reached comparatively advanced stage of hearing, it would be more appropriate to transfer all proceedings to be heard there (in Peshawar High Court) instead of transferring the Peshwar High Court matter to any other High Court, Raja Muhammad Anwar, Advocate, has however, emphasised the need. For early and expeditious disposal of the whole controversy and he suspects that the transfer applications have been filed with a view to defeat the early disposal of these Petitions before the High Courts.
5. Mr. Khalid Mali!:, Advocate, writ petitioner in Writ Petition No,166 of 1990 has pointed out that the Writ Petition filed by him at Quetta is still to be admitted unlike any other and 1, would be somewhat premature to transfer it. He has also pointed out that a transfer will not be consistent with the provisions of Articles 150, 175(2) and 192(4) of the Constitution.
6. Mr. Sharifud Din Pirzada, Senior Advocate, one of the learned counsel representing Federation of Pakistan has taken us to the history of the power of the Supreme Court to transfer the cases as originally enshrined in section 25 of the Code of Civil Procedure and section 527 of the Criminal Procedure Code and continued under clause (9) of Presidential Order VIII of 1970. He has also drawn our attention to a similar provision (Article 139-A) of the Indian Constitution and the decision with regard to it in Indian Overseas Bank, Madras v. Chemical Construction Company and others (AIR 1979 SC 1514).
7. After hearing the learned counsel for both the parties at some length, we find that the expeditious disposal of these and such Petitions demands that the Federation be not left to defend them in the four High Courts separately but A that it is expedient and in the interest of justice to have the cases transferred so that two High Courts deal with these matters and that there are more than one' considered judgments from the High Courts, on the subject.
8. As regards the vires of the amendment introducing Article 186-A in the Constitution, we do not propose to deal with it and leave it open to be decided in B a more appropriate proceeding. These transfer matters are not appropriate for decision of that question.
9. In the circumstances, we transfer the Writ Petition No,351 of 1990 pending at Peshwar High Court for hearing at Lahore High Court, Lahore. Similarly, we transfer the Constitution Petition No,166 of 1990 pending before the High Court of Balochistan at Quetta for hearing before the High Court of Sindh at Karachi on 17-9-1990 where the similar matters are coming up on that date. The parties in the matter transferred from Peshwar High Court are, directed to appea, in the Lahore High Court, Lahore on 18-9-1990 when other similar Petitions are to be taken up there for further proceedings in the matter.
10. The Federation of Pakistan/applicant shall pay the actual expenses for travelling and accommodation of the writ petitioners in the two Writ Petitions (Nos.351/1990 and 166/1990) transferred from Peshawar High Court to Lahroe High Court and from High Court of Balochistan, Quetta to High Court of Sindh, Karachi.