Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan---.--- ---.----Art. 199---.---Constitutional jurisdiction of High Court---.---Public interest litigation---.---Constitutional petition pertaining to Public Interest Litigation, withdrawal of---.---Scope---.---Such petition could only be withdrawn with the permission of the Court as it was not a dominus litis, and the petitioner in such a petition, had no right to withdraw the Constitutional petition on his/her sweet will. AIR 1988 SC 2211; S.P. Anand v. H.D. Dewe Gowda AIR 1997 SC 272 and Muhammad Alam and others v. Planning and Development Department, Government of Balochistan through Additional Chef Secretary and others PLD 2014 Bal. 1 rel. (b) Words and phrases---.--- ---.----"Dominus Litis"---.---Meaning---.---"Dominus Litis" was a person to whom a suit belongs and also meant "master of a suit"; and was a person who had real interest in the decision of a case. THIS ORDER PASSED BY: SYED MANSOOR ALI SHAH, CHIEF JUSTICE:---.--- Learned counsel for the petitioner wishes to withdraw this petition in order to register a protest against order dated 20.04.2017 passed in W.P. No. 9156/2017 where another public interest petition allegedly filed by him, was dismissed with costs. 2. This is a public interest petition seeking enforcement of employment quota of disabled persons in public and private organizations. Public interest litigation ("PIL"), therefore, can be withdrawn only with the permission of the court as it is not a dominus litis, therefore, the petitioner has no right to withdrawn the petition on his sweet will in Sheela Barse v. Union of India", a writ petition was filed highlighting gross violation of fundamental rights of children. The petitioner thereafter sought permission to withdraw the petition. Rejecting the prayer, the Supreme Court of India held: "If we acknowledge any such status of dominus litis to a person who brings a public interest litigation, we will render the proceedings in public interest litigation vulnerable to and susceptible of a new dimension which might, in conceivable cases, be used by person for personal ends resulting in prejudice to the public weal. The Court also observed that in PIL, the…

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