| Citation(s) |
|---|
| 2023 SLG 3033 2023 SLD 3033 = 2023 PLD 236 |
Civil Petition No. 5646 of 2021, decided on 27th September, 2022. (Against the order of the Peshawar High Court dated 16.09.2021 passed in Writ Petition No.3794-P of 2021).
Present: Ijaz ul Ahsan and Sayyed Mazahar Ali Akbar Naqvi, JJ
Sardar Muhammad Latif Khan Khosa, Kamran Murtaza, Senior Advocates Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Appellant. Mian Shafqat Jan, Additional A. G. Khyber Pakhtunkhwa and Dr. Kamran Farid, District Director Livestock, Peshawar for
Respondents. Date of hearing: 27th September, 2022.
Messrs SADIQ POULTRY (PVT.) LTD.---Appellant
VERSUS
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan---
----Art. 199---Suo motu powers of the High Court---Scope---Prices and quality of dairy and poultry products---Fixing prices and policy matters---Domain of the Executive---High Court does not have suo motu jurisdiction under Article 199 of the Constitution---High Court is not competent to fix the prices of products and under Article 199 it cannot devise a pricing formula.
High Court does not have suo motu jurisdiction under Article 199 of the Constitution. In the present case, the High Court passed a series of suo motu orders, whereby a ban was imposed on the export of dairy and poultry products. Banning imports or exports of products is not the domain of the Courts but falls under the exclusive domain of the executive. High Court could not have transgressed its jurisdiction under Article 199 of the Constitution by passing an order which not only amounts to exercise of suo motu jurisdiction, but also an encroachment on the jurisdiction of the executive.