Case Details

Citation(s)
2015 SLG 484 2015 SLD 484 2015 PLD 1
Sindh High Court
Civil Petition No. D-450 of 2014, decided on 14th February, 2014. DATE of hearing: 10th February, 2014
GHULAM SARWAR KORAI AND SALAHUDDIN PANHWAR, JJ
Dr. Farogh Naseem and Murtaza Wahab for Petitioner. Noor Muhammad Dayo, ADPG for
Respondents

AQEEL KARIM DHEDHI

VS

NATIONAL ACCOUNTABILITY BUREAU through Chairman and 3 others

Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 16A,18,32

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition--- Territorial jurisdiction---Scope--­Principle---Mere existence of an office of Federation outside jurisdiction of High Court is not enough to take the issue away from extraordinary jurisdiction of High Court to scrutinize matter relating to vires of law, statutes, rules and actions, if the same are going to cause an effect upon rights of people residing within such area because office, law, rule and legislation is always done/established to provide security and safety to rights, interests and claims of people for whom such office, law, rules and legislation is meant, so that at all material times, the law requires such actions, law, rules and legislation to be strictly in accordance with law keeping rights, interests and claims of masses at their proper place---Any aggrieved party is well within its rights to seek help and constitutional protection towards its rights---If a particular order or action of an authority is not having its impact upon people at large but is confined to a particular individual, then jurisdiction to challenge such order or action remains with the High Court wherefrom that order has been done or taken. L.P.G. Association of Pakistan through Chairman v. Federation of Pakistan and others 2009 CLD 1498; Sandalbar Enterprises's case PLD 1997 SC 334; Messrs Al-lblagh Limited Lahore's case 1985 SCMR 758; Dr Zahoor Ahmed Shah's case 2005 MLD 718; Dr Qaiser Rasheed's case PLD 2006 Lah. 789; Messrs Ibrahim Fibers's case PLD 2009 Kar. 154; Abdul Ghafar Lakhani's case PLD 1986 Kar. 525; Amin Textile Mills's case 1998 SCMR 2389; Flying Craft Paper Mills's case 1997 SCMR 1874; Shah Abdul Sattar Lasi's case 2006 CLD 18; PLD 1988 SC 387; 1995 CLC 1027, PLD 1987 SC 334, 1998 PLC(CS)239, PLD 2001 Pesh.(sic); PLD 1976 Pesh. 66 and 2000 SCMR 1703 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss.16-A, 18 & 32---Constitution of Pakistan, Art.199--- Constitutional petition---Territorial jurisdiction---Quashing of reference---National Accountability Bureau filed reference against petitioner at place "I" but constitutional petition was filed before the High Court…
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