Law: Constitution of Pakistan, 1973

Section: 199

Law: Insurance Ordinance, 2000

Section: 124,124(1),124(2)

(a) Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Scope--- Sub-constitutional legislation could not curtail or abridge the jurisdiction of a constitutional court---Legislature, being the creature of the Constitution could not take away the jurisdiction of a constitutional court conferred by the Constitution---Sub-constitutional legislation could not control the constitutional remedy available under Art.199 of the Constitution---While the constitutional courts may consider the legislative object and purpose of a statute, still they could not shut their doors to an aggrieved person who invoked the constitutional jurisdiction of the court under Art. 199 of the Constitution. Arshad Mehmood v. Commissioner/Delimitation Authority Gujranwala and others PLD 2014 Lah. 221; Khan Asfandyar Wali and others v. Federation of Pakistan through Cabinet Division Islamabad and others PLD 2001 SC 607; Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632; Malik Muhammad Mukhtar, through Legal Heirs v. Province of Punjab through Deputy Commissioner (Collector) Bahawalpur and others PLD 2005 Lah. 251; Miss Asma Jilani v. The Government of the Punjab and another PLD 1972 SC 139; Government of West Pakistan and another v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14 and Federation of Pakistan and another v. Malik Ghulam Mustafa Khar PLD 1986 SC 26 ref. (b) Insurance Ordinance (XXXIX of 2000)--- ----S. 124--- Constitution of Pakistan, Art. 199--- Constitutional petition before the High Court against a decision passed by the Insurance Tribunal on a miscellaneous application---Maintainability---Constitutional jurisdiction under Art.199 of the Constitution could be invoked to challenge miscellaneous decisions passed during the course of proceedings before the Insurance Tribunal covered under S.124(1) of the Insurance Ordinance, 2000 (the 'Ordinance')---In the present case, the order of the Insurance Tribunal passed against the insurance-company through which the right to file a written statement had been denied, did not fall within the purview of S.124(2) of the Ordinance and could only be challenged by invoking the…

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