Law: Constitution of Pakistan, 1973

Section: 184(3),199,207(3)(a)

Law: Rules for the Use of Staff Cars, 1980

Section: R.24(2)(a)

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Locus standi of petitioner---"Aggrieved person"---Principles. Following are the principles relating to an 'aggrieved person' who seeks to invoke the Constitutional jurisdiction of the High Court: (i) Aggrieved person was a sine qua non for invoking writ jurisdiction of High Court and petitioner had to establish direct or indirect injury caused to him and substantial interest in the subject matter of the proceedings for invoking the jurisdiction. (ii) "Aggrieved party" had not been defined in the Constitution and it depended upon circumstances of each case for invoking jurisdiction of (the High Court) under Article 199(2) of the Constitution. (iii) Article 199(1)(a) of the Constitution, could be invoked by an aggrieved person, which denoted a person who had suffered a legal grievance, against whom the decision had been pronounced which had wrongly deprived him or wrongly refused to him something which he was legally entitled to. (iv) Aggrieved person must claim a right with reference to subject matter of writ petition and the right had to be claimed as a Fundamental Right. (v) Person invoking Constitutional jurisdiction under Article 199 of the Constitution had to establish that any of his legal or Fundamental Rights guaranteed under the Constitution had been violated and resulted into a legal loss. (vi) Right which was the foundation of an application/petition under Article 199 of the Constitution was a personal and individual right and such right may be a statutory right or right recognized by law, whereas a person or a party could be said to be aggrieved when he was denied of a legal right by someone who had a legal duty to perform relating to that right. (vii) Aggrieved person had to demonstrate that relief sought was one which he was legally entitled to seek under any provision of law, rules or regulations and no other forum or remedies were available to him. (viii) Taxpayers had a right to inquire from the authorities as to how a right of life and liberty could be denied to them. (ix) Burden of proof was upon the petitioner to demonstrate as to which of his…

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