Case Details

Citation(s)
2014 SLG 1676 2014 SLD 1676 2014 CLC 506
Sindh High Court
Constitutional Petitions Nos.D-103, D-224 and D-9 of 2011, decision dated: 25-11-2013.
MUNIB AKHTAR AND MRS. ASHRAF, JAHAN, JJ

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MUHAMMAD USMAN

VS

MUHAMMAD NASEEM and others

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition involving intricate, contested and complicated questions of facts---Jurisdiction of High Court to resolve such questions---Scope---High Court in its constitutional jurisdiction, could not resolve such questions by recording evidence---Principles. High Court in exercise of constitutional jurisdiction cannot ordinarily embark upon an exercise to determine intricate, contested and complicated questions of fact. Resolution of such factual disputes has to take place through ordinary legal process. This extraordinary jurisdiction is primarily meant for providing expeditious remedy in a case when the illegality of the impugned action of an executive or other authority can be established without any elaborate enquiry into complicated or disputed facts. Whereas the facts of present petitions reveal that to probe into serious allegations of alleged misappropriation of millions of rupees and plots, detailed investigation/evidence would be required, which cannot be undertaken while sitting in exercise of constitutional jurisdiction. Petitioners in person. Ansar Ahmed and Rizwan Nadeem and Saifullah, A.A.-G. for Respondents. Date of hearing: 10th October, 2013. ORDER MRS. ASHRAF JAHAN, J.--- The Petitions bearing Nos. D-103 of 2011, D-224 of 2011 and D-9 of 2011 were dismissed vide short order dated 10-10-2013. 2. By this single order, reasons are detailed/assigned in all the three petitions as the controversies arise out of similar facts and involve identical questions of law. 3. Upon examination of Petitions it appears that the petitioners, who are the members of ex-Servicemen Cooperative Housing Society Ltd. (hereafter referred to as 'Society') have filed these petitions against the Society, its Registrar, Province of Sindh through Chairman Sindh Cooperative Housing Authority, Chairman Anti-Corruption Sindh as well as some other private respondents, said to be the office-bearers of earlier management of the society in capacity of Honorary Secretary, Chairman or Members of Managing Committee. The petitioners have levelled serious allegations in respect of misappropriation of society funds and properties…
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