Law: Constitution of Pakistan, 1962

Section: 102

  Constitution of Pakistan (1962), Art. 102 read with Art. 98 and Civil Procedure Code (V of 1903), S. 151--Supervisory jurisdiction of High Court -Does not make High Court a Court of appeal or revision for providing relief to any party-Super vision and control envisaged under Article-Meant for keeping administration of justice pure and not to help any party-Scope of Arts. 98 & 102, Constitution of Pakistan (1962) and S 151, Civil Procedure Code, 1908 examined. Article 102 does not provide any relief which is to be granted under it, nor does it refer to the qualification, which may entitle any body to apply to the Court for getting relief under it. It is a provision which stands in contrast with such provisions as Article 98 of the Constitution of 1962 and section 151, Civil Procedure Code, 1908. Article 102 is not meant to be invoked by a party, nor is the Court required by it to provide relief to any body. As against this, Article 98 of the Constitution is meant to provide relief to aggrieved parties, section 151, C. P. C., is intended to prevent abuse of the process of Court as well as to empower the Court to make such orders as may be neces sary for the ends of justice. Article 102 of the Constitution on the contrary merely empowers the High Courts to supervise and control all Courts subordinate to it. The power is meant to enable the High Court to discharge its duties as a superior Court towards fair and proper administration of justice. The High Court has the authority to check and prevent dereliction of duty and to stop as well as correct viola tions of law. The power of supervision and control is for making and keeping the administration of justice pure and not to help any particular party. This duty can be performed irrespective of whether any body has been harmed or not and irrespective of whether any body will be benefited by it or not. Its exercise may be distasteful to some and gratifying to others but that is immaterial because this power is not exercised ex debito justitiate but in the interest of good administration of justice. No doubt, in the process of supervising the conduct of the subordinate Courts it is possible that some order…