Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 4 & 199---Power of judicial review by High Court---Essentials---High Court has the province and duty to see whether any action taken, order passed, decision made by any particular branch , of Government was within the circumscribed limits or not. The power of judicial review which High Court exercises has been conferred on it by the Constitution. High Court has Constitutional duty and responsibility, since the judicial review has been expressly entrusted to it as a Constitutional power, to review the acts done by the co-ordinate branches, the executive or legislature under the Constitution, under law, or an administrative order within the parameters applicable to a particular decision. Thus, it is the province and duty of High Court to see whether any action taken, order passed, decision made by a particular branch of the Government is within the limits circumscribed by the law or not. Legality, irrationality or unfairness in treatment by any public authority, body or functionary to any person would call for protection to be given to that person by this Court. Under Article 4 of the Constitution of Islamic Republic of Pakistan, 1973, it is a right of every individual to be dealt with in accordance with law. Where law has not been correctly or properly observed, a case for interference by the High Court and exercise of its Constitutional jurisdiction is made out. The power of High Court to judicially review a decision is a sacred trust and the Court is obliged by compulsion of law to exercise this power in aid of justice and fairplay. The amplitude of this power is quite wide and is circumscribed by considerations of self-restraint imposed by the High Court itself. Mian Muhammad Nawaz Sharif v. President of Pakistan and others PLD 1993 SC 473; Tanveer Mehmood v. Noor Muhammad and 9 others PLD 1993 Kar. 207; Muhammad Nawaz and 7 others v. Muhammad Ibrahim and 5 others 1986 CLC 1680; Dr. Muhammad Ismail v. Deputy Commissioner, Jhang PLD, 1976 Lah. 758; Muhammad Ayaz Khan and 6 others v. The District Magistrate, Batagram and another 1995 PCr.LJ 587; Ahmad Fahim Mughal v. Muhammad Saleem Khan, District Magistrate…

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