| Citation(s) |
|---|
| 2013 SLG 2997 2013 SLD 2997 2013 PLD 75 |
Balochistan High Court
Constitutional Petition No. 682 of 2011, decided on 5thMarch, 2013.
QAZI FAEZ ISA, CHIEF, JUSTICE AND NAEEM AKHTAR AFGHAN, JUSTICE
Constitutional Petition No. 682 of 2011, decided on 5thMarch, 2013.
QAZI FAEZ ISA, CHIEF, JUSTICE AND NAEEM AKHTAR AFGHAN, JUSTICE
HIGH COURT BAR ASSOCIATION AND othersVSGOVERNMENT OF BALOCHISTAN THROUGH SECRETARY, HOME AND TRIBAL AFFAIRS DEPARTMENT AND 6 others
Law:
Section:
(a) Constitution of Pakistan---.--- ---.----Art. 4---.---Right of individuals to be dealt with in accordance with law---.---Scope---.---Interpretation of Art.4 of the Constitution---.---Article 4 of the Constitution, though not stipulated as a Fundamental Right, might also be categorized as one on account of the language used therein i.e. it was the inalienable right (of every citizen) to enjoy the protection of the law and to be treated in accordance with the law. (b) Constitution of Pakistan---.--- ---.----Art. 199(2) & Part. II, Chap. 1 [Arts.8 to 28]---.---Jurisdiction conferred upon High Court under Art.199 of the Constitution for enforcement of any Fundamental Right---.---Scope ---.---Such jurisdiction could not be abridged or taken away because the Constitution had forbidden it---.---Any amendment made to the Constitution too might not abridge a Fundamental Right and the power of the High Court to enforce it---.---In respect of matters of Fundamental Rights no procedural or ceremonious trappings or fetters could be placed upon the High Court. (c) Constitution of Pakistan---.--- ---.----Art. 199(1)---.---Constitutional jurisdiction of High Court---.---Availability of adequate alternate remedy---.---Scope---.---Jurisdiction (under Art.199 of the Constitution) might only be invoked if the High Court was satisfied that no other adequate remedy was provided by law, but this was not an absolute bar since it was to the satisfaction of the High Court to determine the adequacy of the alternative remedy. (d) Constitution of Pakistan---.--- ---.----Art. 199---.---Constitutional petition filed before High Court---.---Non-compliance with any procedural requirement, condonation of---.---Scope---.---High Court, might in appropriate cases condone non-compliance with any procedural requirement (for filing a Constitutional petition), if a good cause was shown---.---Each case had to be considered by the High Court on its own merits. (e) Constitution of Pakistan---.--- ---.----Arts. 184(3) & 199---.---Supreme Court, jurisdiction of---.---Words "without prejudice" used in Art.184(3) of the Constitution---.---Meaning---.--- Words "without prejudice" used in Art.184(3)…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492