| Citation(s) |
|---|
| 2024 SLG 5935 2024 SLD 5935 = 2024 PLD 273 |
Sindh High Court
C.P. No. D-3971 of 2022, decided on 16th February, 2023.
Before Muhammad Junaid Ghaffar and Agha Faisal, JJ
Muhammad Tariq Mansoor for Petitioner. Mukesh Kumar G. Karara, Nabi Bux Leghari and Muhammad Yousuf Alvi for
Respondents. Kafeel Ahmed Abbasi, Additional Advocate General Sindh.
C.P. No. D-3971 of 2022, decided on 16th February, 2023.
Before Muhammad Junaid Ghaffar and Agha Faisal, JJ
Muhammad Tariq Mansoor for Petitioner. Mukesh Kumar G. Karara, Nabi Bux Leghari and Muhammad Yousuf Alvi for
Respondents. Kafeel Ahmed Abbasi, Additional Advocate General Sindh.
Senator KHALIDA ATEEB---Petitioner
VERSUS
The PROVINCE OF SINDH through Chief Secretary,Government of Sindh, Karachi and 7 others---Respondents
Law: Constitution of Pakistan, 1973
Section: 199
(a) Constitution of Pakistan-------Art. 199---Writ jurisdiction of High Court---Aggrieved person---Scope--Constitutional petition was filed by a Member of Parliament to assail a Memorandum of Understanding (MoU) unrelated to her---Validity---Admittedly, the petitioner was not personally aggrieved with the issues sought to be agitated, however, submitted that she enjoyed a supervening privilege to invoke writ jurisdiction on account of being a Member of Parliament---It was unequivocally acknowledged that while the MOU was assailed on the allegation of being non-compliant with the public procurement rules, however, no remedy pursuant to the said law or available otherwise had ever been invoked by the petitioner---Constitutional petition was dismissed, in circumstances.(b) Constitution of Pakistan-------Art. 199---Writ jurisdiction of High Court---Aggrieved person---Scope--Constitutional petition was filed by a Member of Parliament to assail minutes of a meeting of the Sindh Cabinet as well as a letter of the SGA&C Department of the Sindh Government---Validity---Article 199 of the Constitution contemplates the discretionary constitutional jurisdiction of High Court and the said discretion may be exercised upon invocation by an aggrieved person and in the absence of an adequate remedy---Petitioner failed to make any case before the High Court to qualify her within the definition of an aggrieved person---Constitutional petition was dismissed, in circumstances.Syed Iqbal Hussain Shah Gillani v. PBC and others 2021 SCMR 425; MuhammadFiaz Khan v. Ajmer Khan and another 2010 SCMR 105; 2019 SCMR 1952; Raja Muhammad Nadeem v. The State PLD 2020 SC 282 and SECP v. East West Insurance Company 2019 SCMR 532 ref.(c) Constitution of Pakistan-------Art. 199---Writ jurisdiction of High Court---Scope---Constitutional petition was filed by a Member of Parliament to assail minutes of a meeting of the Sindh Cabinet as well as a letter of the SGA&C Department of the Sindh Government--Validity---Allegations levelled, prima facie, were bald and unsubstantiated, and could not be entertained in any event as…