Case Details

Citation(s)
1989 SLG 2831 1989 SLD 2831 = 1989 PLD 2192
Lahore High Court
Writ Petition No. 4385 of 1987, decided on 23rd May, 1989.
Presented By: Khalil-ur-Rehman Khan, J
Nemo for the Remaining
Respondents.

MUHAMMAD JAVID MALIK--Petitioner

VERSUS

GOVERNMENT OF PAKISTAN and others--Respondents

Law:

Section:

(a) Constitution of Pakistan (1973)--   ---Art. 199--Constitutional jurisdiction, exercise of--Controverted question of fact, held, could not be determined in Constitutional jurisdiction of High Court.   (b) Constitution of Pakistan (1973)--   ---Art. 199--Constitutional jurisdiction, exercise of--Petitioner in no way sought to ensure basic human rights, Constitutional or legal to those who were in a socially and economically in disadvantageous position--Grievance made in petition wasalso premised on factual assertion requiring detailed factual enquiry which could not be held by High Court in exercise of Constitutional jurisdiction--Plea of petitioner that his petition fell within category of public interest litigation, held, was without merit.   Muhammad Younus v. Islamic Republic of Pakistan PLD 1972 Lah. 847 ref.   (c) Constitution of Pakistan (1973)   ---Art. 199.-Constitutional jurisdiction, invocation of--Petitioner who admittedly was not aggrieved person, held was not entitled to maintain Constitutional petition on plea that direction of Court to public functionary for exercise of its legal duty would secure public revenue-Bare plea of financial propriety (that compliance of law by respondent authorities would augment their financial resources for benefit of general public) would fail to confer necessary locus standi on petitioner to invoke Constitutional jurisdiction of High Court.   Messrs Associated Cement Companies Ltd. v. Pakistan through the Commissioner of Income-tax, Lahore Range, Lahore and 7 others PLD 1978 SC 151; Anjuman Araian, Bhera v. Abdul Rashid and others PLD 1982 SC 308; Abdul Haleem v. Additional District Judge and others 1987 MLD 2456; The Province of East Pakistan v. Kshiti Dhar Roy and others PLD 1964 SC 636; Masudul Hassan v. Khadim Hussain and another PLD 1963 SC 203 and People's Union for Democratic Rights and others v. Union of India and others AIR 1982 SC 1473 ref.   (d) Constitution of Pakistan (1973)--   ---Art. 199--Civil Procedure Code (V of 1908) O.I, R. 3 Non-impleading of necessary parties--Effect--Directions prayed for in Constitutional petition, held, could not be…
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