Law: Constitution of Pakistan, 1973

Section: 199(1)(a)(ii)

(a) Constitution of Pakistan--- ----Art. 199(1)(a)(ii)---Public interest litigation---Locus standi---'Pro bono publico'---Aggrieved person---Scope---Ground floor of a Government hospital's mosque being used for running a canteen---Constitutional petition seeking a direction to administration of the hospital to vacate the ground floor of the mosque for worshippers---Maintainability---Present case was in the nature of public interest litigation and the petitioner had filed present petition as a 'pro bono publico'---Petitioner had alleged that the act of administration of the hospital allowing establishment of a canteen on the place of the mosque was illegal and unlawful as being in excess of the official authority and powers---Petitioner was seeking a direction against the illegal use and unauthorized possession over ground portion of the mosque, which was meant for prayers by the public at large---Petitioner claimed to be a regular "namazi" (worshipper) of the said mosque, and even otherwise being the citizen of the country he had every right to invoke the jurisdiction of High Court for taking notice of abuse of trust and misuse of authority by public functionaries---Issues raised and prayer made by the petitioner came within the ambit and scope of Art.199(1)(a)(ii) of the Constitution---Petitioner fell within the definition of an "aggrieved person" and he had locus standi to file present petition as contemplated in Art. 199 of the Constitution. Government of the Punjab through Secretary Food, Punjab Secretariat, Lahore and 4 others v. Naeem Sarwar 2011 YLR 3087; Atta Ullah Khan Malik v. Federation of Government of Pakistan through President of Pakistan and 3 others 2010 PLD Lah. 605; Messrs Adam Sugar Mills Limited and 2 others v. Trading Corporation of Pakistan (Pvt.) Ltd. and 8 others 2006 PCr.LJ 263 and Multiline Associates v. Ardshir Cowasjee and 2 others PLD 1995 SC 423 ref. (b) Constitution of Pakistan--- ----Art. 199---Public interest litigation---Case based on official record---Matter not involving disputed questions of facts---Ground floor of a Government hospital's mosque being used for running a canteen---Constitutional petition seeking a direction…

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