Law: Constitution of Pakistan, 1973

Section: 184(3),199,199(5)

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction of High Court---Objects and scope. The Constitution of Pakistan is basically a document which provides a system for the country under which it is governed. It also demarcates functions of different Organs of the State. In scheme of the Constitution, people of Pakistan have also been provided legal and fundamental rights. Article 184(3) and Article 199 of the Constitution are provided in the Constitution basically to protect those rights and to take a judicial notice if those are violated by any person; person is defined in clause (5) of Article 199 itself. Article 199 is not meant to usurp the jurisdiction of other constitutional and Statutory organs of the State. It is also not meant to render all other laws redundant. It is also not enacted to affect adversely the administration and running of statutory bodies and departments i.e. Police etc. High Court has been empowered to intervene under Article 199 of the Constitution in a matter in which no legal remedy is provided to address grievance of any aggrieved party/person within its territorial jurisdiction. This jurisdiction is also available when the remedies available under the law have been exhausted but still petitioner's grievance remains unresolved and the High Court is satisfied about genuineness of the grievance. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition seeking quashment of F.I.R. was not a purpose of Art.199 of the Constitution---High Court can only be approached when the concerned police authorities, under the concerned law, fail to perform their statutory functions or exceed their jurisdiction, but not after registration of F.I.R.---High Court urged the Bar to check such misconceived and unfounded litigation which. not only wastes precious public/Court time and also increases pendency of cases---Principles. There is an increased trend that whenever an F.I.R. is, registered, the accused persons rush to the High Court for quashment of the same, and invoke Article 199 of the Constitution. Code of Criminal Procedure, Police Rules, 1934 and now Police Order, 2002 provide a scheme to get…

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