Law:

Section:

Constitution of Pakistan (1973)--Art. 184(3)---Petition under Art. 184(3) of the Constitution--­Maintainability---Where a petition under Art. 199 of the Constitution on the same subject-matter by the same petitioner was pending in the High Court and no dilatory tactics' had been adopted but hearing was not taking place because of vacation and only grievance petitioner had was that his urgency application had been dismissed by the High Court, petition under Art. 184(3) of the Constitution of Pakistan before the Supreme Court was not maintainable particularly when facts and questions of law were the same as before the High Court. In the present case Constitutional petition filed in the High Court was neither very old nor any dilatory tactics had been adopted. Hearing was not taking place because of vacation and only grievance petition had was that his urgency application had been dismissed. There was no reason whatsoever to deprive the High Court of hearing identical petition which was pending there, particularly when facts and questions of law were same. ' Petition was not maintainable for the reason that on the same subject-­matter petitioner had filed a Constitutional petition in the High Court which was pending. JUDGMENT SAJJAD ALI SHAH, CJ.---This Constitution petition is filed directly in this Court under Article 184(3) of the Constitution of Islamic Republic of Pakistan on the ground that licence should not be issued for setting-up Brewery/Distillery to manufacture liquors and beer, which is a matter of public importance with reference to enforcement of fundamental rights of the petitioner as contemplated under Articles 20(a), 31 and 37(h) read with Article 2A of the Constitution. It is further contended that licence is issued for the purpose stated above in excess of scope laid down by Articles 3, 4, 5 and 17 of Prohibition (Enforcement of Hadd) Order, 1979. In the petition respondents 1 and 2 are Province of Sindh through Secretary, Excise and Taxation and Director-General, Excise and Taxation Department. Respondents 3, 4 and 5 are Messrs Murree Brewery Co. Ltd., Messrs Quetta Distillery Ltd. and Messrs Beach Brewery Co. (Pvt.) respectively. In the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492