CONSTITUTIONAL LAW

Kakakhel Law Associates is reputed to be the first choice firm where invoking the Constitutional or Writ Jurisdiction of the Supreme Court of Pakistan or the High Court is required. The firm has represented several President’s of Pakistan, Chief Minister’s, Governor General’s,  Federal and Provincial members of the Parliament, Judges of the superior Judiciary and has challenged the vires of laws before the Apex Court of Pakistan and the High Courts.

Our services include the following:

  • Challenging Acts of Parliaments or Provincial Assembly
  • Challenging Statutes, Rules, Regulations and Notifications passed against the Constitution of Islamic Republic of Pakistan or basic Fundamental Rights enshrined in the same
  • Challenging illegal orders of Government Departments
  • Seeking a direction from the Court to a government run body to function as per the governing law
  • Writs against statutory and non statutory bodies like:
  • MTI Hospitals and Institutes established under Khyber Pakhtunkhwa Medical & Teaching Institutions Reforms Act, 2015
  • National Accountability Bureau (NAB)
  • Water and Power Development Authority (WAPDA)
  • Pakistan International Airlines (PIA)
  • Pakistan Electric Supply Company (PESCO)
  • Pakistan Telecommunication Company Limited (PTCL)
  • State Bank of Pakistan
  • National bank of Pakistan
  • Writs for missing persons
  • Writ Petition in Service matters like Regularisation of service, Quo warranto, Seniority in service, illegal service appointments, illegal service advertisements, illegal dismissal from service and illegal transfer of employees etcetera.
  • Writ petitions are filed in civil matters as-well e.g. Land Laws including Land revenue Laws and Pre-Emption etcetera.

Writs against a decision of a Tribunal or other authorities like:

  • Custom
  • Income Tax
  • Excise
  • Competition Commission of Pakistan
  • Right to Information Commission
  • Right to Public Service Commission
  • Intellectual Property Tribunals
  • Family Courts
  • Military Courts
  • Pakistan Medical and Dental Council (PMDC)
  • Khyber Medical University
  • Pakistan Electronic Media Regulatory Authority (PEMRA)
  • Security Exchange commission of Pakistan, Et cetera.

 

Recent Representative Experience.
  • Successfully challenged Khyber Pakhtunkhwa Medical and Teaching Institutions Reforms Act, 2015 before the Peshawar High Court.
  • Successfully challenged Khyber Pakhtunkhwa Economic Zones Development and Management Company, and the dissolution of Sarhad Development Authority and the merger of its assets in KPEZDM. First the Act of the parliament was declared null and void by the Peshawar High Court, which was followed by an Executive Order of the Governor Khyber-Pakhtunkhwa which too was successfully challenged resulting in the Chief Justice giving the employees and assets protection of the Court.
  • Counsel of Sardar Mehtab Ahmad Khan Abbasi, (Former Chief Minister NWFP, Former Minister for Railway and Former Governor Khyber Pakhtunkhwa), before the Peshawar High Court, Peshawar challenging his arrest as chief minister by army and the military take over of the government by General Pervez Musharaf, The President of Pakistan.
  • Constitution petition for separation of Judiciary from the Executive, Political cases, inter-Alia, those of Ex. Chief Ministers like Inayatullah Khan Gandapur and Pir Sabir Shah, those of Ministers Like Shabzada Salahuddin, Ghani-ur-Rehman and others.
  • Successfully challenged the Vice Chancellor of Khyber Medical Institute under Quo Warranto whereby he was declared to be holding the position illegally hence removed.
  • Currently representing the retailers and businessmen, challenging the imposition of ban by Khyber Pakhtunkhwa government over sale and purchase of non-degradable plastic bags
  • Handled Election matters of numerous Members of the Federal and Provincial Parliament which resulted in the Court allowing to contest the general elections of 2013.
  • Counsel for Mr. Gorsaran Lal, Molana Dildar, Begum Rukhsana raz, Yasmine Khalid, the members of provincial assembly compulsorily removed from the assembly filed writ petitions through Mr. Kakakhel in the Peshawar High court. The MPAs were reinstated by the High court.
  • Counsel for Deputy speaker of provincial assembly NWFP Mr. Ikram ullah Shahid had also challenged his removal from the post of deputy speaker NWFP. The honorable High court restored him to his job .
  • Successfully challenged the rejection of nomination papers and disqualification of Political Personalities before and after the General Elections and Local Elections.