Law: Constitution of Pakistan, 1973

Section: 199

REMARKS(a) Where the lower fora make an error of law in deciding a matter, it becomes a jurisdictional issue, since such fora are only vested with the jurisdiction to decide a matter correctly. Therefore, such a decision can be quashed under constitutional jurisdiction as being in excess of lawful authority, in terms of Article 4 of the Constitution. It thus becomes a case proper for interference by a High Court in the exercise of its constitutional jurisdiction. The powers of the High Court under Article 199 state that, ordinarily, the High Court does not re-examine evidence or disturb findings of fact. However, it can interfere if the findings are based on non-reading or misreading of evidence, erroneous assumptions, misapplication of law, excess or abuse of jurisdiction, or arbitrary exercise of powers—especially when the District Court, acting as the final appellate court, reverses the findings of the trial court on unsupported grounds. The scope of judicial review under Article 199 of the Constitution in such cases is limited to instances of misreading or non-reading of evidence, or where the finding is based on no evidence, leading to a miscarriage of justice. The High Court should not disturb findings of fact through reappraisal of evidence in constitutional jurisdiction or use this jurisdiction as a substitute for revision or appeal. Interference with the lower court`s findings of fact is beyond the scope of the High Court`s jurisdiction under Article 199 of the Constitution.(b) The object of exercising jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (Constitution) is to foster justice, preserve rights, and rectify wrongs. The appraisal of evidence is primarily the function of the Trial Court, and in such cases, the Family Court, which has been vested with exclusive jurisdiction. In constitutional jurisdiction, where findings are based on misreading or non-reading of…

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