Case Details

Citation(s)
1997 SLG 439 1997 SLD 439 1997 PLD 235
Lahore High Court
Writ Petition No. 558 of 1995, heard on 19th January, 1995
MUHAMMAD AQIL MINZA, J
Shamas Mahmood for Petitioner.

RAMZAN WELFARE TRUST

VS

WAPDA

Law:

Section:

Constitution of Pakistan (1973)--- ----Arts. 199 & 4---Constitutional jurisdiction, exercise of---Petitioner sought issuance of directions to Water and Power Development Authority to observe and maintain load-shedding from 9-30 p.m. on 20-1-1995 to 3-30 a.m. next day excepting medical and industrial units---Petitioner also made oral prayer that kite flying on occasion of "Basant" night be banned by order of Court for kite flying was a Hindu festival---Held: Kite-flying festival of Basant is cultural in nature and wedded to soil rather having any religious overtone ---Basant kite-flying in Pakistan has no nexus with celebration of Hindu festival---No rituals are performed on that occasion nor kite-flying is done on any fixed day as is done by Hindus in India---Different dates were fixed for different cities in Punjab for Basant kite-flying---Court's jurisdiction to issue appropriate direction to State or State functionary so as to compel him to do something, must be confined within the limits provided in Art. 199 of the Constitution---Unless there was some law in existence which banned kite-flying, High Court could not issue any direction to any Authority or public functionary to stop people from kite-flying--­Direction that can be issued by High Court under Art. 109 of the Constitution must be subject to Art. 4 and other provisions of the Constitution---Where Legislature had failed to frame appropriate law, Court cannot supplement to remove such lapse---Legislation falls within exclusive jurisdiction of Legislature and Judiciary cannot interfere in that sphere---Authorities could not be directed to resort to 'load-shedding, for such directions would result in denying right granted to people under Art.4 of the Constitution ---Reliefs claimed in Constitutional petition could not be granted being beyond jurisdiction of High Court. Encyclopaedia American, International Edn.; New Book of Knowledge registered in United States Patent Office; New Age Encyclopaedia, Vol. 10; Urdu Encyclopaedia published by Ferozesons Limited and Muhammad Yousaf v. The Collector of Sea Customs, Karachi and others PLD 1969 SC 153 ref. JUDGMENT This petition under Article 199 of the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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