Case Details

Citation(s)
1999 SLG 4003 = 1999 SLD 4003 = 1999 PCRLJ 638
Sindh High Court
Constitutional Petition No. S-780- of 1998, decided on 9th September. 1998.
Presented By: S. Ahmed Sarwana, J
Mumtaz All Siddiqui for
Respondents No. I and 2.

Mst. RUKHSANA---Petitioner

VERSUS

S.H.O., POLICE STATION BELO, MIRPUR MATHELO and others---Respondents

Law:

Section:

(a) Constitution of Pakistan (1973)---   ----Art. 199---Constitutional jurisdiction---Scope---High Court, on application of any aggrieved party, had power to make an order directing a person performing, within territorial jurisdiction of High Court, functions in connection with affairs of Federation, Province or a Local Authority, to refrain from doing anything he was not permitted by law to do, or to do anything he was required by law to do; or make an order giving such directions to any person or Authority exercising any power or performing any function in relation to any territory within jurisdiction of that High Court as could be appropriate for enforcement of any of Fundamental Rights conferred by Constitution of Pakistan (1973).   Anwar Ahmad Khan v. The State 1996 SCMR 24; Muhammad Latif v. Sharifan Bibi, 1998 SCMR 666; Byram D. Avari v. The State PLD 1989 Pesh. 145; PLD 1971 SC 677; 1989 PCr.LJ 1921; Muhammad Imtiaz and another v. The State PLD 1981 FSC 308; Abdul Waheed v. Asma Jehangir PLD 1997 Lah. 301; 1979 SCMR 484 and 1993 MLD 1408 ref.   (b) Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Functionaries of Police Stations were connected with the affairs of Federation or Province fell within the purview of Art.199, Constitution of Pakistan---Actions of such functionaries were, in no way, sacrosanct so as to be excluded from judicial scrutiny and were, accordingly, amenable to directions issued by the High Court under the Constitution.   (c) Constitution of Pakistan (1973)--   ----Arts. 35 & 199---Protection of family---Constitutional petition-- Harassment---Remedy---If an aggrieved person brought to the notice of High Court, any violation of law by any person or any act or proceeding which infringed his fundamental rights or caused him any unnecessary harassment, High Court had power to pass appropriate orders.   (d) Constitution of Pakistan (1973)---   ----Art. 199---"Person" or "authority"---Definition---Police Officers while conducting investigation were not excluded from definition of "person" or "authority" as used in Art. 199 of…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register