Law: Constitution of Pakistan, 1973

Section: 199, 4

Law: Law Reforms Ordinance, 1972

Section: 3

(a) Constitution of Pakistan (1973) Art. 199---Constitutional jurisdiction of High Court---Scope---High Court has jurisdiction only to interpret the law and has no jurisdiction to take the role of policy-maker---High Court can only set aside the action of Government functionaries if the same is based on mala fide and in violation of rules and regulations. Zia-ur-Rehman's case PLD 1973 SC 49; Mian Nawaz Sharif's case PLD 1993 SC 473 and Akhtar Mir's case 1984 SCMR 433 ref. (b) Constitution of Pakistan (1973) Art. 199---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Decision on disputed question of fact, in exercise of Constitutional jurisdiction by High Court---Advisability---Petitioner approached the High Court with unclean hands---Award of contract on the direction of High Court in exercise of its Constitutional jurisdiction---Validity---Both the parties raised counter-version before the High Court but the High Court, without adverting to the contentions qua the disputed question of fact, directed the Authorities to award contract to the respondent as such the same was not in accordance with law---Where the petitioner had approached the High Court by concealing the material facts, High Court erred in law to exercise discretion in favour of the petitioner. Agricultural Development Bank of Pakistan's case 1997 SCMR 1089; Millat Tractor Employees' case PLD 1992 Lah. 68 and Messrs M.Y. Khan & Company and another's case 1987 MLD 2581 ref. Muhammad Younas Khan's case 1993 SCMR 618; Nawabzada Ronaq Ali's case PLD 1973 SC 326; Rana Muhammad Arshad's case 1998 SCMR 1462 and G.M. Malik's case 1983 SCMR 196 fol. (c) Constitution of Pakistan (1973) Art. 4---Public functionaries, duties of---Scope---Public functionaries are bound to act in accordance with law, without fear, favour and nepotism. Zahid Akhtar's case PLD 1995 SC 530 and Shaukat Ali's case PLD 1997 SC 342 ref. Date of hearing: 19th June, 2000.                                                          …