| Citation(s) |
|---|
| 2002 SLG 1916 2002 SLD 1916 2002 CLC 1027 |
Lahore High Court
Intra-Court Appeal No.822 of 2001, decision dated: 17-10-2001
CH. IJAZ AHMAD, J
Malik Saeed Hassan for Appellant
Intra-Court Appeal No.822 of 2001, decision dated: 17-10-2001
CH. IJAZ AHMAD, J
Malik Saeed Hassan for Appellant
MUHAMMAD HUSSAIN and another
VS
FEDERAL GOVERNMENT through Ministry of Culture and Sports, Tourism, Islamabad and 10 others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Claim not based on any legal right---Maintainability---Motorcycle rally was not organized by the Administration---Petitioner's claim was not based on any legal right, but it was a dispute between two brothers, which could not be resolved in Constitutional jurisdiction---High Court was justified to dismiss Constitutional petition. (b) Jurisdiction--- ---- Legal right and moral right---Scope of enforceability through Court--Court can enforce only legal right and not simply a moral right, however, strong may be the urge to enforce the same in view of moral ascendancy. (c) Words and phrases--- "Legal right", means a right, which is created, recognised and enforceable by law. ORDER The appellant filed Writ Petition No.5478 of 2001 with the following prayer:-- It is, therefore, most respectfully and humbly prayed that writ petition may very kindly be accepted and a direction may be issued to respondents Nos. l to 5 to see to it that the fake and fraudulent motorcyclists team comprising Muhammad Yasin, Muhammad Saleh and their accompalices should not be allowed to depart from the country and respondents may kindly be further directed to register a cognizable case against the abvoementioned accused persons for commission of offences of fraud, cheating and forgery under the relevant provisions of P.P.C. It is further prayed that a direction may also be issued to respondent No.2 or the accused person Muhammad Yasin son of Rehmat Ullah Block, 399/6 Engine Shed, Lahore to produce before this august Court the letter received from the British Authorities/ Prime Minister Tony Blair. It is further prayed that pending the decision of this writ petition, a direction may be issued to the respondents Nos. l to 3 not to allow the accused person/fake motorcyclists team to leave the country or fled away and to put their names on the control list." 2. The aforesaid writ petition was dismissed by the learned. Single Judge vide impugned order, dated 18-9-2001. The learned counsel of the appellant submits that the appellant organized…
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