| Citation(s) |
|---|
| 2024 SLG 5957 2024 SLD 5957 = 2024 PLD 379 |
Lahore High Court
Writ Petitions Nos. 91, 106, 107 and 136 of 2022, decided on 7th November, 2022.
Before Ch. Abdul Aziz, J
Jalil Akhtar Abbasi, Amir Abdullah Abbasi and Ch.Muhammad Fahad Bashir for Petitioners. Qaiser Abbas Shah, Assistant Advocate General Punjab, Farhat Majeed Chaudhry, Assistant Advocate General, Punjab, Arfan Ahmed Khan Niazi, Assistant Advocate General, Punjab, Haroon Rasheed Janjua Deputy Attorney General for Pakistan, Rashid Hanif, Deputy Attorney General for Pakistan, Nayyer Abbas Assistant Attorney General for Pakistan, Syed Muhammad Shah, Legal, Advisor Rawalpindi District Administration, Noor-ul-Ameen Mengal, Commissioner, Rawalpindi Division, Tariq Farooq, D.C, Rawalpindi, Waqas Ahmed, Assistant Commissioner Rawalpindi, Asadullah Faiz, Secretary Tourism, Waseem Riaz, CTO, Rawalpindi, Waqas Safdar Jehangri, Assistant Commissioner Murree, Majeed DSP Traffic Murree, Dilshad Ahmed, XEN Highway Mechanical Rawalpindi, Muhammad Saboor, PDMA, Punjab, Kamran Rashid, DEO, Rawalpindi Rescue 1122, Raja Saleem Ullah, Law Officer Commissioner Rawalpindi, Muhammad Irfan Virk, Deputy Director PDMA, Muhammad Usama, SDO Highway Mechanical Division, Dr. Naeem Rauf, Secretary LG & CDD, Masood Ahmed Abbasi Legal Advisor TMA Murree, Hamayun Akhtar Deputy Director CTW Department, Syed Ali Muzaffar, Addl. Chief Secretary, Punjab, Muhammad Ashraf, Deputy Secretary (S&GDA), Kamran Khan, Chief Officer District Council Rawalpindi, Raza Elahi, Deputy Municipal Officer, Usama Rehmat Khan Niazi, Director Anti- Corruption, Punjab, Junaid Mumtaz DFO, Rawalpindi, Arfa Batool Deputy Director Wildlife, Imran Zaidi, XEN Building Division Rawalpindi, Muhammad Rafiq, Deputy Director Environment, Inam-ul-Haq, Inspector EPA and Qasim Pervez Gondal, HR and Legal Officer THQ Hospital Murree for
Respondents.
Writ Petitions Nos. 91, 106, 107 and 136 of 2022, decided on 7th November, 2022.
Before Ch. Abdul Aziz, J
Jalil Akhtar Abbasi, Amir Abdullah Abbasi and Ch.Muhammad Fahad Bashir for Petitioners. Qaiser Abbas Shah, Assistant Advocate General Punjab, Farhat Majeed Chaudhry, Assistant Advocate General, Punjab, Arfan Ahmed Khan Niazi, Assistant Advocate General, Punjab, Haroon Rasheed Janjua Deputy Attorney General for Pakistan, Rashid Hanif, Deputy Attorney General for Pakistan, Nayyer Abbas Assistant Attorney General for Pakistan, Syed Muhammad Shah, Legal, Advisor Rawalpindi District Administration, Noor-ul-Ameen Mengal, Commissioner, Rawalpindi Division, Tariq Farooq, D.C, Rawalpindi, Waqas Ahmed, Assistant Commissioner Rawalpindi, Asadullah Faiz, Secretary Tourism, Waseem Riaz, CTO, Rawalpindi, Waqas Safdar Jehangri, Assistant Commissioner Murree, Majeed DSP Traffic Murree, Dilshad Ahmed, XEN Highway Mechanical Rawalpindi, Muhammad Saboor, PDMA, Punjab, Kamran Rashid, DEO, Rawalpindi Rescue 1122, Raja Saleem Ullah, Law Officer Commissioner Rawalpindi, Muhammad Irfan Virk, Deputy Director PDMA, Muhammad Usama, SDO Highway Mechanical Division, Dr. Naeem Rauf, Secretary LG & CDD, Masood Ahmed Abbasi Legal Advisor TMA Murree, Hamayun Akhtar Deputy Director CTW Department, Syed Ali Muzaffar, Addl. Chief Secretary, Punjab, Muhammad Ashraf, Deputy Secretary (S&GDA), Kamran Khan, Chief Officer District Council Rawalpindi, Raza Elahi, Deputy Municipal Officer, Usama Rehmat Khan Niazi, Director Anti- Corruption, Punjab, Junaid Mumtaz DFO, Rawalpindi, Arfa Batool Deputy Director Wildlife, Imran Zaidi, XEN Building Division Rawalpindi, Muhammad Rafiq, Deputy Director Environment, Inam-ul-Haq, Inspector EPA and Qasim Pervez Gondal, HR and Legal Officer THQ Hospital Murree for
Respondents.
RIZWAN ELLAHI and others---Petitioners
VERSUS
PROVINCE OF PUNJAB through Chief Secretary Punjab, Lahore and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 199,9
Law: National Disaster Management Act, 2010
Section: XXIV,15
(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Alternate and efficacious remedy---Scope---In order to oust a litigant from Court to seek remedy under Art. 199 of the Constitution, respondents must satisfy that alternate remedy to seek justice is not only effective but expeditious as well---To hold a person disentitled from seeking relief under Art. 199 of the Constitution, alternate remedy must be convenient, beneficial and effective---If alternate remedy, upon evaluation, is found to be less effective, time consuming and calls for invoking jurisdiction of multiple Courts/forums, then High Courts are all competent to exercise jurisdiction within the framework of Art. 199 of the Constitution.Habib Metropolitan Bank Ltd. v. Administrator, Karachi Municipal Corporation, Karachi and 3 others PLD 2014 Sindh 20 rel.(b) Constitution of Pakistan-------Art. 199---Constitutional petition---Pro bono publico litigation---Principle---Bona fide of a pro bono publico litigant is to be adjudged on the touchstone of his status as an aggrieved person and secondly on the ground that he is petitioning in the interest of general public---It is further incumbent upon litigating person to demonstrate that if agitated grievance is not immediately addressed, it is destined to adversely affect the society as a whole.Javed Ibrahim Paracha v. Federation of Pakistan and others PLD 2004 SC 482 rel.(c) Constitution of Pakistan-------Art. 199 (1)(c)---Constitutional petition---Enforcement of Fundamental Rights---Scope---High Court is well equipped with powers to issue direction for enforcement of Fundamental Rights of the subjects, guaranteed under Chapter 1 of Part-II of the Constitution.(d) Constitution of Pakistan-------Art. 9---Term "life"---Connotation---Term 'life' used in Art. 9 of the Constitution cannot be restricted to mere existence of a living person rather is stretched to all and every aspect of quality of human life---Word 'life' is not defined in the Constitution, thus cannot be given a restricted meaning rather is of wider import--Provision of Art. 9 of the Constitution bespeaks that an individual is entitled to enjoy pleasures of life by having access…