Law:

Section:

(a) Constitution of Pakistan---Art. 175(2)---Ouetta Declaration, 1991 (PLD 1991 Jour. 142)---Jurisdiction of courts---Scope---Sessions Judge passing an order in the assumed capacity of Director Human Rights deriving inspiration from Quetta Declaration, 1991---Legality---Registrar of Lahore High Court requested concerned authorities to take appropriate measures for supplying electric power to courts in the province of the Punjab---Sessions Judge directed concerned electric power company ("company") to give effect to request of Registrar deeming the same to be an "order" of the Lahore High Court---Company filed constitutional petition against order of Sessions Judge which was dismissed on the grounds that it did not disclose a justiciable cause of action; that company was in gross default for not complying with the "order" of the Lahore High Court, and that corrective action should be taken against officer of the company responsible for causing delay in compliance of the order---Validity---Order passed by Sessions Judge was not passed in any legal capacity as it had been passed by him in the (so-called) capacity of Director Human Rights ostensibly deriving inspiration from the Quetta Declaration, 1991---High Court did not appreciate that by virtue of Art.175(2) of the Constitution no court had any jurisdiction save as or might be conferred on it by the Constitution or by or under any law---Capacity of Director Human Rights assumed and exercised by the Sessions Judge in the matter was not conferred upon him by the Constitution or by or under any law and, thus, the company was justified in assailing his order before the High Court---Issues of jurisdiction brought before the High Court were thus justiciable---Request made by Registrar of Lahore High Court to the concerned authorities was not an order of the High Court---Registrar was merely an employee of the court and not the court itself---Direction issued by High Court for taking action against officer of the company responsible was unwarranted in circumstances, as the company was not bound to comply with the request made by Registrar, as such request could not be termed as an order of the Court---Petition for…

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