Law:

Section:

(a) Constitution of Pakistan (1973)- ---- Arts.199(l)(a) & 2A --- Enforcement of Shariah Act (X of 1991), Ss. 3, 4 & 5 --- Quetta Declaration of the Chief Justices Conference on Public Interest Litigation and Fundamental Rights --- Public Interest Litigation --- Nature of proceedings inquisitorial in character and not accusational or adversely --­ Exercise of Constitutional jurisdiction by High Court --- Scope--- Aggrieved person --- Concept --- High Court, in the exercise of its powers under Art.199(l)(a) read with Art.2A of the Constitution of Pakistan (1973), coupled with Quetta Declaration of the Chief Justices' Conference on Public Interest litigation and Fundamental Rights, read with Ss. 3, 4 & 5 of the Enforcement of Shariah Act, 1991 has the jurisdiction to look into the grievance voiced in the press reports about illegal and arbitrary allotments of State-owned plots by high State functionaries --- Vacuum or omission in the Constitution with regard to the accountability of the high state functionaries such as Presiden4 Prime Minister, Governors, Chief Ministers etc. to compel them to account for all their illegal acts before any forum to be filled in by Shariah which is a. statutorily recognized Supreme Law of the land. An aggrieved person in an inquisitorial jurisdiction is quite different from the one in adversary or accusational jurisdiction because in the former he has to have no personal interest in the subject-matter of the litigation and has to endeavor purely for the welfare of general public or any section thereof, while in the latter he has to have a specific grouse or grievance against his opponent or a group of opponents and on that account he must have a cause of action or a locus stand to come to the Court for seeking relief. In other Words, a person, who comes to the Court in public interest litigation in order to t enforce a common to the general public, obviously he may or may not 6C so keenly interested in pursuing his remedy like. a person who invokes the jurisdiction of the Court for seeking a relief against a particular ' person or group of persons who are his adversaries and as such the former may at any time walk out…

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