Case Details

Citation(s)
2018 SLG 1243 2018 SLD 1243 2018 CLC 758
Sindh High Court
C.P. No. D-5489 of 2017, decided on 5-10-2017. Date of hearing: 22-9-2017.
AQEEL AHMED ABBASI, JUSTICE, AZIZ-UR-REHMAN, JUSTICE
Amanullah Lashari for Petitioner.

ABDUL QADIR FAROOQUI

VS

THE FEDERAL MINISTRY OF FINANCE THROUGH SECRETARY CENTRAL BOARD OF REVENUE, ISLAMABAD AND OTHERS

Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---"Aggrieved person"---Factual controversy---Petitioner alleged that respondent had usurped billions of rupees towards taxes and other revenues through forgeries, misappropriation and corruption and sought initiation of criminal proceedings against him---Validity---Petitioner himself at no stage made any complaint or otherwise asked for any inquiry vis-a-vis allegation of theft of taxes/other revenues, forgeries, misappropriation and corruption to authorities---Petitioner was not an "aggrieved person" who failed or avoided to seek any alternate remedy available or provided by law---Controversies involved were factual in nature and could not be settled in absence of undertaking of an intricate inquiry/recording of evidence for ascertaining true position---Such controversies were not cognizable by High Court under Art.199 of the Constitution---Extraordinary Constitutional jurisdiction was meant primarily for providing swift remedy in those cases where legality or illegality of executive/ authorities could be established/ascertained without intricate inquiry/ recording of evidence---Element of 'theft of taxes', 'other revenues', 'forgeries', 'misrepresentation', 'corruption' could not be established without conducting proper inquiry/investigation in appropriate proceedings and that too after providing proper or fair opportunity of hearing to accused persons in accordance with law--- High Court declined to interfere in the matter---Constitutional Petition was dismissed in circumstances. Adamjee Insurance Company Ltd. v. Pakistan through Secretary of Government of Pakistan in the Ministry of Finance, Islamabad and 5 others 1993 SCMR 1798; Faiz Bakhsh and others v. Deputy Commissioner/Land Acquisition Officer, Bahawalpur and others 2006 SCMR 219; Mst. Umat ul Bano and others v. Ghulam Muhammad and others 2000 SCMR 81 and Dr. Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813 rel. (b) Constitution of Pakistan--- ----Art, 199---Constitutional petition---Alternate remedy---Scope---Whenever there is an alternate remedy available, Constitutional jurisdiction under…
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