Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---.--- ---.---S. 44---.---Writ jurisdiction of High Court---.---Scope---.---One of the conditions for grant of relief under S.44 of Azad Jammu and Kashmir Interim Constitution Act, 1974 to invoke the jurisdiction of High Court was that the petitioner should not have any alternate adequate remedy---.---Jurisdiction of High Court was confined to issue direction of matters of law and could not make any executive order---.---Writ jurisdiction could be exercised only where a public functionary had failed to perform his duty, which required from him to be done under law or where he had done something against the law, which was not permitted by law to do so---.---High Court could exercise its writ jurisdiction in those cases and issue direction to State organs to do something, which was their duty or restrain them from doing that which they were not permitted by law---.---Petitioner, in the present case had already availed an opportunity of pre-arrest bail from Ehtesab Court, which was pending adjudication---.---Ehtesab Bureau, which was an impartial Institution of the State, headed by its Chairman who was serving Judge of the High Court was investigating the matter, question of discrimination or favouritism, thus would not arise---.---Investigation was still under way by Ehtesab Bureau and no final verdict had been given against the petitioner---.---Petitioner was at liberty to join the investigation and prove his innocence---.--- Questions involved in the case were controverted questions of fact, which could not be resolved in writ jurisdiction of High Court---.---Allegation of process of power needed detailed examination, whether or not concerned authorities acted in accordance with the powers conferred on them by the statute---.---Petitioner, in circumstances, was directed to seek his remedy before concerned competent Authority---.---Writ petition was dismissed. THIS ORDER PASSED BY: RAFIULLAH SULTANI, JUSTICE:---.--- This writ petition is addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. Brief facts giving rise to instant writ petition, as alleged, are that…

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