Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Scope---Establishment of High Court is not a person under Art.199(5) of the Constitution--- No writ or a order can be issued to the High Court or Supreme Court under Art.199 of the Constitution, as it amounts to issuance of writ against the Supreme Court and High Court itself---Administrative or executive orders passed by the Chief Justice of the High Court or the Registrar while acting under the order of Chief Justice also enjoy the protection falling within the ambit of said Article. Muhammad Imran v. Honble Peshawar High Court, Peshawar through Registrar and 2 others 2011 PLC (C.S.) 1465; Shahab Mazhar Bhalli v. Pakistan Railways through Divisional Superintendent and another 2014 PLC (C.S.) 356; Muhammad Imran v. Honble Peshawar High Court, Peshawar through Registrar and 2 others 2011 PLC (C.S.) 1465 and Miss Gulnaz Baloch v. Registrar, Balochistan High Court, Quetta and others 2015 PLC (C.S.) 393 ref. JUDGMENT JAWAD HASSAN, J.---- Through this constitutional petition, the Petitioner has sought declaration that acts of Respondents Nos.1 to 4 in de-sealing and handing over possession of property 75-Brandreth Road, Lahore to Respondents Nos.5 and 6 under alleged implementation of judgment of learned Division Bench of this Court dated 21.02.2019, announced on 11.03.2019 passed in RSA No.39/2011 is malafide, hence the same be declared illegal and unlawful and that the said property be ordered to be sealed and attached till the decision of Cr. Misc. No.20560/2019 in Crl. Org. No.108-C/2003. 2. The grievance voiced through this Constitutional Petition is that at the time of processing the alleged false and non-maintainable application of Respondent No.5 for de-sealing the property through their report, the Respondents Nos.1 to 3 were seemed to be influenced mainly from the order of the apex Court dated 17.10.2018 passed in HRC No.69198/2018 but unfortunately none of the respondents ever perused the said order of the apex Court which was just with regard to the disposal of RSA No.39/2011, as such acting as a tool in the hands of Respondents Nos.5 and 6 on such a false application, is…

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