| Citation(s) |
|---|
| 2021 SLG 1187 2021 SLD 1187 2021 MLD 1491 |
Lahore High Court
Writ Petition No. 30787 of 2021, decided on 19th May, 2021.
ALI ZIA BAJWA, JUSTICE
Shahanshah Shamil Paracha for Petitioner. Ch. Mudassar Elahi Warraich, Assistant Advocate General Punjab for
Respondent.
Writ Petition No. 30787 of 2021, decided on 19th May, 2021.
ALI ZIA BAJWA, JUSTICE
Shahanshah Shamil Paracha for Petitioner. Ch. Mudassar Elahi Warraich, Assistant Advocate General Punjab for
Respondent.
KHUSHNOOD BANO
VS
REGIONAL POLICE OFFICER, FAISALABAD and others
Law: Constitution of Pakistan, 1973
Section: 199,199-A
Law: Punjab Transparency and Right to Information Act, 2013
Section: 3,7,10
(a) Constitution of Pakistan--- ----Art.199---Constitutional petition---Alternate efficacious remedy---Scope---In presence of any other efficacious remedy, discretionary relief under Constitutional jurisdiction is not available to any aggrieved person---Whenever an alternative statutory mechanism exists to redress grievance of an aggrieved party, High Court is reluctant to grant any relief under Art.199 of the Constitution. (b) Punjab Transparency and Right to Information Act (XXV of 2013)--- ----Ss.3, 7 10---Universal Declaration of Human Rights, 1948, Art.19---United Nations Principles on Freedom of Information---Constitution of Pakistan, Arts. 19-A 199---Constitutional petition---Right to information---Alternate and efficacious remedy sought direction to police authorities to provide her details of all cases registered against her son---Validity was well entitled to get her grievance redressed under S.3 of Punjab Transparency and Information Act, 2013, which provided that any person could exercise right to information in the manner prescribed by Punjab Transparency and Information Act, 2013---F.I.R. was public document and every person had a right to obtain copy of the same neither opted to avail that adequate alternate recourse to get requisite information regarding criminal cases of her son nor alleged or proved inadequacy or inefficacy of such alternate remedy---High Court before granting relief to a person by exercising its extraordinary jurisdiction must satisfy itself regarding non-availability of any alternate remedy---High Court observed if the Court was inclined to grant relief even in presence of alternate remedy, it should be satisfied that circumstances of case had made other remedy inadequate---In presence of availability of alternate adequate remedy, an aggrieved person could approach High Court only in exceptional circumstances, when available alternative remedies were inadequate to redress grievance of petitioner---Constitutional petition was dismissed, in circumstances. Ch. Muhammad Ismail case PLD 1996 SC 246; Khalid Mehmood case 1999 SCMR 1881; R. v. IRC, Ex parte Preston case cited as [1985] BTC 208; Court of Appeal (England and Wales) in…
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