Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition ---Khidmat Committee ---Jurisdiction--Jurisdiction of Khidmat Committee in matters of civil and criminal nature-- Matters of civil and criminal nature between parties were not within domain of Khidmat Committee---Jurisdiction of Khidmat Committee to entertain and decide disputes of civil and criminal nature had not been incorporated/found mention in Civil Procedure Code and Code of Criminal Procedure respectively---Power and authority to set law in motion was linked with substantive jurisdiction without which proceedings could not be initiated and processed even by Civil Court or by Criminal Court---Parallel judicial set up processed with by Khidmat Committee, was repugnant to law and Constitution of Pakistan, 1973---If matter between parties was that of civil nature for which litigation was pending before different Courts of competent jurisdiction, Khidmat Committee, had no jurisdiction and lawful authority for taking any action against one of the parties on application of other filed before Khidma't Committee. Ahmad Awais Khurram for Petitioner. Kazim Raza, Vice-Chairman, Khidmat Committee, Pattoki, District Kasur in person alongwith. Syed Zulfiqar Ali Bokhari, Asstt. A.-G. for Respondents Nos. l to 3. Respondent No.4 in person. Date of hearing: 20th November, 1998. JUDGMENT Ch. Muhammad Idrees petitioner is an Advocate by profession having his place of business at Pattoki, District Kasur whose sister Mst. Rashida Begum was married to Muhammad Mukhtar respondent No.4. Unfortunately the relations between the said spouses became strained and they are living apart: Expressing that Muhammad ldrees petitioner has deprived him of an amount of Rs.3,38,600, Muhammad Mukhtar respondent No.4 filed an application before the Khidmat Committee, Subdivision Pattoki, District Kasur to get arrested Muhammad Idrees writ petitioner and to get an   order passed against him for the recovery of an amount of Rs.3,38,600. Kazim Raza, Vice-Chairman Khidmat Committee, Sub-Division Pattoki, District Kasur passed the order on 23-9-1998 and 2-10-1998 for the service of Muhammad Idrees petitioner for…