Law: Constitution of Pakistan

Section: 170

(a) Constitution of Pakistan, Art. 170---Writ jurisdiction can be invoked in case of infringement of existing right irrespec tive of when that right was created-Art. 170 not merely pro cedural.   Held, that where a right, although it arose prior to the Constitution, is still subsisting after the Constitution, then an infringement thereof can be redressed by invoking the provisions of Art. 170 of the Constitution.   Further, that Art. 170 was not merely procedural.   S. M. Walf Ahmed Choudhury and another v. Mahfuzal Haq Choudhury and others P L D 1957 Dacca 209, Jibendra Kishore Acharyya Choudhury v. The Province of East Pakistan P L D 1957 Dacca 1; Hindustan Motors, Ltd. v. Union of India and another A I R 1954 Cal. 151, Hiranmoy Bliattacharjee and another v. State of Assam A I R 1954 Assam 224, Lakshmi Devi Sugar Mills, Ltd. v. U. P. Government and others A I R 1954 All. 705, Hiralal Chanilal Siriah v. The State of Madhya Pradesh and others A I R 1954 Nag. 258 and Rajaram Dadu and others v. The State and another A I R 1951 Nag. 443 ref.   Solamat All Jafri v. The Province of West Pakistan and others P L D 1956 Lah. 548 not approved.   Writ-Laches---Sufficient ground for refusing relief Constitution of Pakistan, Art. 170.   Where there had been inordinate delay making appli cations under Art. 170 of the Constitution, for which no sufficient explanation had been given by the applicants, held, that, that was sufficient ground for refusing the relief asked for.   Constitution of Pakistan, Art. 170----Writ of mandamus Cannot issue to re-instate to public office or to declare a person to be entitled to any office which is held, at pleasure of another Government of India Act, 1935, S. 240Constitution of Pakistan, Arts. 180, 181.   Held, (a) although a mandamus may lie to compel restoration of a person to an office or franchise of which he has been wrongly dispossessed, such an order will not issue except in the case of an office or franchise, which is of a public nature. It will certainly not issue in the case of an office which is held at the pleasure of someone else.   (b) Under section 240, Government of India Act,…