| Citation(s) |
|---|
| 2014 SLG 1798 2014 SLD 1798 2014 CLC 1348 |
Lahore High Court
Writ Petition No.2133 of 2013, decision dated: 30-01-2013.
ABDUS SATTAR ASGHAR, J
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Writ Petition No.2133 of 2013, decision dated: 30-01-2013.
ABDUS SATTAR ASGHAR, J
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IQBAL AHMAD DHUDHI
VS
FEDERATION OF PAKISTAN and 5 others
Law:
Section:
(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Zonal Chief/Manager of Bank---Appointment of respondent on such post alleged to be violative of Bank's policy not allowing posting of an officer as Manager/Chief Manager of a Branch one year before proceeding on leave preparatory to retirement; and that respondent had been involved in corrupt practices---Validity---Petitioner, a practising lawyer, had not pleaded his personal grievance qua an act of respondent or his such posting---Neither petitioner was employee of such Bank nor had he provided particulars of alleged corrupt practices of respondent--Charge of malpractice or corrupt practices would not be entertained without giving necessary details thereof so that person charged must have a fair opportunity to reply same and hearing---In absence of necessary particulars of corrupt practices, law would protect dignity of .every person by not allowing to plead such plea against him in a casual manner---Petitioner had failed to show himself to be an aggrieved person to agitate any bona fide grievance as pro bono publico---High Court dismissed constitutional petition in limine. (b) Constitution of Pakistan--- ----Arts. 184(3) & 199 --- Public interest litigation, --- Concept and object of such litigation, and role of judiciary therein stated. "Public interest litigation" is defined as the legal action initiated in a court of law for the enforcement of public interest or general' interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. The concept of public interest litigation provides opportunity to all the citizens to have inviolable access to justice for the protection and enforcement of their fundamental human rights to life and liberty etc. Black's Law Dictionary quoted. In the constitutionally governed States, judiciary is provided pivotal role of protection and enforcement of the fundamental human, constitutional and statutory rights. In the cases of infringement of fundamental rights even involving a question of public importance, superior courts in Pakistan have been earnestly guarding…
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