| Citation(s) |
|---|
| 1998 SLG 1373 1998 SLD 1373 1998 CLC 1077 |
Lahore High Court
Writ Petitions Nos.622 to 635 of 1998, decision dated: 13-01-1998
FAQIR MUHAMMAD KHOKHAR, J
Mian Bashir Zafar for Petitioner. Sher Zaman Khan, Deputy Attorney-General of Pakistan (on Courts call)
Writ Petitions Nos.622 to 635 of 1998, decision dated: 13-01-1998
FAQIR MUHAMMAD KHOKHAR, J
Mian Bashir Zafar for Petitioner. Sher Zaman Khan, Deputy Attorney-General of Pakistan (on Courts call)
Ch. ABDUL RAZZAQ
VS
FEDERATION OF PAKISTAN through the Secretary, Ministry of Industries and Production, Islamabad High Court High Court and 3 others
Law:
Section:
Constitution of Pakistan (1973)-------Art. 199---Power of High Court 'to issue writs---Territorial limitations--Effect---Two-fold territorial limitation was placed on power of High Court to issue directions in the nature of writs---Person to whom High Court could issue writ must be within territorial jurisdiction of the Court and impugned act done or proceedings taken by person concerned must have been done or taken within territorial jurisdiction of Court---In either of such cases territorial nexus was required to be shown in order to attract jurisdiction of High Court---Constitution does not permit one High Court of federating unit to encroach upon jurisdiction which primarily was exercisable by another High Court---Such course would impinge upon spirit of federal character of Constitution---Where F.I.R. was registered; challan was submitted; impugned order was issued at 'Karachi' for appearance of petitioner before designated Authority; and nothing had happened within jurisdiction of 'Lahore' High Court, except that order for appearance had been served there, jurisdiction of High Court at 'Lahore' could not be invoked---Court where proceedings were pending against petitioner was not amenable to appellate jurisdiction of High Court of 'Lahore'---Case was not fit to be entertained by High Court of 'Lahore'---Petitioner was to appear , before Investigating Officer at 'Karachi' today, which being impossible, he was granted one month's period for appearance before said Investigating Officer---Constitutional petition was not maintainable in circumstances. Sabir Din v. Government of Pakistan through Secretary, Ministry of Defence and others 1979 SCMR 555; Faiz Najmuddin Abdul Ali v. The Capital Development Authority, Islamabad and another PLD 1976 Kar. 1084; Deputy Managing Director, National Bank of Pakistan, Principal Office, Jinnah Avenue, Karachi and 3 others v. Ata-ul-Haq PLD 1965 SC 201; A.K.M. Fazlul Quader Chowdhury v. Government of Pakistan and another PLD 1957 Dacca 342; Abdul Ghaffar Lakhani v. Government of Pakistan PLD 1986 Kar. 525; Syed Shah v. Political Agent, Bajaur Agency PLD 1981 Pesh. 57; Jamil Ahmad v. The State and 5 others PLD 1969 SC 344;…
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