| Citation(s) |
|---|
| 2020 SLG 6326 2020 SLD 6326 , 2020 SCMR 2119 |
Civil Petition No. 2482 of 2020, decided on 2nd October, 2020.
Present: Umar Ata Bandial, Munib Akhtar and Sayyed Mazahar Ali Akbar Naqvi, JJ
Aamir Rehman, Additional A.G. Pakistan for Petitioners. Shohaib Shaheen, Advocate Supreme Court, Syed Khawar Ameer Bokhari, Advocate Supreme Court and Ahmed Nawaz Ch., Advocate-on-Record for
Respondents
FEDERATION OF PAKISTAN through Secretary, Ministry of Energy (Power Division), Islamabad and others---Petitioners
VERSUS
SHAFIQ UL HASSAN and others---Respondents
Law: Companies Act, 2017
Section: s 187, 190(2)
Constitution of Pakistan
--- ----Art. 199---Civil service---Interim order passed by High Court in its constitutional jurisdiction---Scope and principles---Grant of interim relief which had the effect of permanence was violative of the rule laid down by the Supreme Court in the case of Islamic Republic of Pakistan v. Muhammad Zaman Khan (1997 SCMR 1508)---Constitutional jurisdiction by Superior Courts must be exercised according to the settled principles of law---Granting longevity to a suspensory order without hearing the other side was, if at all, done exceptionally, as this was necessary for ensuring the majesty of the law and preserving public trust in the courts of law---Policy of Supreme Court was that it interfed with interim orders passed by the High Court only exceptionally; this would be in cases of serious violation of the law or wrongful exercise of jurisdiction.
Islamic Republic of Pakistan v. Muhammad Zaman Khan 1997 SCMR 1508 ref.