| Citation(s) |
|---|
| 2017 SLG 2903 2017 SLD 2903 2017 PLD 50 |
Supreme Court (AJ&K)
Civil Appeal No. 208 of 2016, decision Date : 08-06-2017, hearing Date : 11-05-2017 On appeal from the judgment of the High Court Dated 26-5-2016 in Writ Petition No. 1116 of 2016
RAJA SAEED AKRAM KHAN, JUSTICE
Sardar Karam Dad Khan, Advocate for Appellant. Farooq Hussain Kashmiri, Advocate for
Respondents Nos. 1 and 3. Muhammad Zubair Raja, Additional Advocate General for
Respondent No.2. Raja Akhlaq Hussain Kiani, Additional Advocate-General for
Respondent
Civil Appeal No. 208 of 2016, decision Date : 08-06-2017, hearing Date : 11-05-2017 On appeal from the judgment of the High Court Dated 26-5-2016 in Writ Petition No. 1116 of 2016
RAJA SAEED AKRAM KHAN, JUSTICE
Sardar Karam Dad Khan, Advocate for Appellant. Farooq Hussain Kashmiri, Advocate for
Respondents Nos. 1 and 3. Muhammad Zubair Raja, Additional Advocate General for
Respondent No.2. Raja Akhlaq Hussain Kiani, Additional Advocate-General for
Respondent
FAZAL MEHMOOD BAIG
VS
UNIVERSITY OF AZAD JAMMU AND KASHMIR THROUGH Vice Chancellor AND 11 OTHERS
Law:
Section:
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---University of Azad Jammu and Kashmir Act, 1985, S.10---Writ Petition---Maintainability---Pro bono litigation---Appointment of Vice-Chancellor of a university---Vires of statute---Requirements---High Court dismissed writ petition on the ground that petitioner was not an "aggrieved person"---Validity---One could move the Court pro bono publico to challenge the vires of law on the ground that same would offend the provisions of the Constitution---Person who sought a command from High Court for enforcement of fundamental right must first show as to how he was an "aggrieved person"---Writ could be isused only on the petition of an aggrieved person and not by a pro bono publico litigation---Person whose interest had been adversely affected by the impugned legislation or order under challenge could competently file a writ petition and then an appeal before the Supreme Court---Petitioner, in the present case, was not an "aggrieved person"---Neither petitioner was a candidate for the post of Vice-Chancellor nor he was student of the University---No legal right of petitioner appeared to have been infringed---Anyone could not file writ petition as pro bono publico until and unless he had fulfilled the conditions to invoke the writ jurisdiction of High Court---Petitioner while invoking writ jurisdiction had to show that he was litigating in public interest and for public good or for welfare of general public---Petitioner had failed to show any such interest and he was not an aggrieved person to invoke constitutional jurisdiction of High Court as pro bono publico---High Court had rightly held that petitioner did not fall within the definition of "aggrieved person" and had no locus standi to file the present writ petition as "pro bono publico"---Appeal was dismissed in circumstances. Rana Aamer Raza Ashfaq and another v. Dr. Minhaj Ahmad Khan and another 2012 SCMR 6; Begum Nusrat Ali Gonda v. Federation of Pakistan and others PLD 2013 SC 829; Raja Iqbal Rashid Minhas v. AJ&K Council and 3 others PLD 2002 SC (AJ&K) 1 and Raja Tahir Majeed Khan and others v. Azad Government and 6 others 2014…
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