Law: Constitution of Pakistan, 1973

Section: 199,212(1)(b)

Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Locus standi---Aggrieved party---Competency to file / invoke constitutional jurisdiction of High Court---Scope--- To invoke Constitutional jurisdiction of High Court under Art. 199 of the Constitution, it has to be established that the petitioner's legal or Fundamental Rights guaranteed under the Constitution had been violated and locus standi to seek such direction under denial of legal right, if any, had to be proved---Sine qua non for initiation of proceedings under Art. 199 of the Constitution was that the petitioner should have a locus standi which meant that he/she must be an aggrieved party. Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs, Islamabad and 3 others 1999 SCMR 1379; Ghulam Rasool v. Government of Pakistan through Secretary, Establishment Division Islamabad and others PLD 2015 SC 6 and Amanullah Khan Yousufzai and others v. Federation of Pakistan through Law Secretary and others PLD 2011 Kar. 451 ref. Mian Fazal Din v. Lahore Improvement Trust, Lahore PLD 1969 SC 223; Montgomery Flour and General Mills Ltd., Montgomery v. Director, Food Purchases West Pakistan and others PLD 1957 (W.P) Lah. 914; Kamran Martin v. Mst. Siera Bibi and 4 others 2017 PLC (C.S.) 597 and Dr. Imran Khattak and another v. Ms. Sofia Waqar Khattak, PSO to Chief Justice and others 2014 SCMR 122 rel. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE:---.--- Through this Intra Court Appeal, the Appellant has assailed the order dated 27.07.2017 passed in Writ Petition No. 55445/2017 by the learned Single Judge who dismissed the Appellant's petition seeking direction to the Respondents to initiate legislative process for establishing Tort Tribunals in terms of Article 212 (1)(b) of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"). 2. The learned counsel for the Appellant inter alia submitted that the impugned order is against law and facts; that the learned Single Judge has failed to appreciate the grounds taken by the Appellant rather dismissed the petition on technical…

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