Law: Constitution of Pakistan, 1973

Section: 199

(a)    Constitution of Pakistan-------Art. 199---Constitutional jurisdiction of the High Court---Scope---Alternate remedy, availability of---Principles---Adequate remedy---Meaning---Constitutional relief not available where statutory remedy exists ---Doctrine of exhaustion of remedies---Extraordinary remedy under constitutional jurisdiction of High Court--Scope----Computerized National Identity Card (CNIC) of the petitioner was blocked on the direction of the Executing Court---The Executing Court issued the order directing NADRA (Respondent No.2) to block the petitioner's CNIC---The petitioner did not challenge the order blocking CNIC before the High Court---The petitioner instead of approaching the Trial Court invoked constitutional jurisdiction of the High Court---Held: The writ jurisdiction of the High Court, being an extraordinary remedy, could not be invoked as a panacea for all grievances, particularly where an equally efficacious, alternate, and adequate statutory remedy existed---The doctrine of exhaustion of remedies operated as a jurisdictional bar, precluding litigant from resorting to constitutional remedies under Art. 199 of the Constitution without first availing themselves of the statutory mechanisms expressly provided by law---The underlying rationale of this doctrine was to prevent litigants from circumventing established statutory frameworks, thereby ensuring that the extraordinary writ jurisdiction of the High Court was not diluted into an ordinary appellate forum---The term 'adequate remedy' signified a remedy that was not merely theoretical but was, in fact, efficacious, expeditious, convenient, and effectual in redressing the aggrieved party's grievance---Thus, the discretionary exercise of writ jurisdiction must remain an exception rather than the rule, reserved only for cases where no equally effective alternative exists---The petitioner had failed to establish grounds warranting indulgence of High Court under Art. 199 of the Constitution, hence, under the circumstances the constitutional petition was dismissed.Dr. Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813…