| Citation(s) |
|---|
| 2021 SLG 1701 2021 SLD 1701 2021 PLD 571 |
Supreme Court of Pakistan
C. P. No. 446-L of 2019, decided on 27th January, 2021, Date of hearing: 27th January, 2021. (On appeal from the order of Lahore High Court, Lahore Dated 24.01.2019, passed in I.C.A. No. 4343 of 2019).
MANZOOR AHMAD MALIK, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE, AMIN-UD-DIN KHAN, JUSTICE
Muqatadir Akhtar Shabbir, Advocate Supreme Court and Nasrullah Khan Babar, Advocate Supreme Court for Petitioner. Ch. Zafar Hussain Ahmad, Addl. A.G. along with Mudassar Riaz Malik, D.C., Amir Shafiq, ADC (Headquarters), Hammad, CTO, Lahore and Sajid Sha
C. P. No. 446-L of 2019, decided on 27th January, 2021, Date of hearing: 27th January, 2021. (On appeal from the order of Lahore High Court, Lahore Dated 24.01.2019, passed in I.C.A. No. 4343 of 2019).
MANZOOR AHMAD MALIK, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE, AMIN-UD-DIN KHAN, JUSTICE
Muqatadir Akhtar Shabbir, Advocate Supreme Court and Nasrullah Khan Babar, Advocate Supreme Court for Petitioner. Ch. Zafar Hussain Ahmad, Addl. A.G. along with Mudassar Riaz Malik, D.C., Amir Shafiq, ADC (Headquarters), Hammad, CTO, Lahore and Sajid Sha
MIAN IRFAN BASHIR
VS
THE DEPUTY COMMISSIONER (D.C.), LAHORE AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199,9,18
Law: Provincial Motor Vehicles Ordinance, 1965
Section: 89-A
(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---High Court did not enjoy suo motu jurisdiction under Art. 199 of the Constitution. There must exist a dispute before the High Court before it exercises judicial power. On the application of an aggrieved party was an essential pre-requisite to invoke the constitutional jurisdiction of the High Court under Article 199 of the Constitution. There must be an application and an applicant to invoke the jurisdiction of judicial review as the High Court did not enjoy suo motu jurisdiction under Article 199 of the Constitution. Dr. Imran Khattak and another v. Ms. Sofia Waqar Khattak, PSO to Chief Justice and others 2014 SCMR 122 and Jehanzaib Malik v. Balochistan Public Procurement Regulatory Authority through Chairman Board of Directors and others 2018 SCMR 414 ref. (b) Provincial Motor Vehicles Ordinance (XIX of 1965)--- ----S. 89-A---Constitution of Pakistan, Arts. 9, 18 199---Constitutional jurisdiction of the High Court---Scope---Suo motu exercise of judicial power under Art. 199 of the Constitution was not available to the High Court---Where the High Court issued directions in its constitutional jurisdiction with respect to an issue or dispute that was not before the Court, it would amount to judicial overreach. A Traders Association, approached the constitutional jurisdiction of the High Court to challenge a notice issued by the Zonal Officer (Regulation) Metropolitan Corporation for the removal of signboards and advertisements from their shops within 24 hours. Single Bench of the High Court while dealing with this issue thought it best to also discuss and pass directions on to a totally different issue, which was not even before the Court, regarding wearing of helmets by motorcyclists plying their bikes on the Mall Road. Without there being any dispute before it, the Court examined the compliance by the motorcyclists of wearing helmets when plying their bikes on the Mall Road. The High Court exercising suo motu powers, passed directions to the effect that the petrol pumps shall not fill in the petrol tanks of the motorcyclists who did not wear helmets and in…
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