Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199(1)---Constitutional petition---Adequate alternate remedy--­Scope---Where it is open to an aggrieved person to move any other Forum or Tribunal for his remedy in the manner prescribed in statute, High Court cannot by entertaining petition under Art.199(1) of the Constitution permit machinery provided in statute to be bypassed---High Court would exercise its discretion in granting or refusing relief to the petitioner if it is satisfied that aggrieved party have alternate remedy elsewhere---Relief under Art. 199 of the Constitution is not to be provided where alternate remedy exists unless there are exceptional reasons warranting exercise of such extraordinary power. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Disputed question of fact--­Petitioner was convicted and sentenced on his confessional statement, whereas the statement was denied by the petitioner---Effect---Such confessional statement was disputed question of fact and High Court had no jurisdiction to resolve such question in Constitutional jurisdiction. Muhammad Younas Khan's case 1993 SCMR 618 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Alternate remedy---Petitioner was convicted by Trial Court on the basis of his confessional statement--­Instead of assailing the conviction before proper forum, the petitioner preferred Constitutional petition---Validity---Where petitioner had alternate remedy, Constitutional petition was not maintainable--High Court advised the petitioner to avail the alternate remedy under law--­Constitutional petition was disposed of accordingly. Nazar Khan v. The State 1991 PCr.LJ 1709; Rahim alias Rehmak v. The State 1999 PCr.LJ 1068 Muhammad Rashid's case 2000 MLD 1830; Riffat Askari v. The State pLD 1997 Lah. 285 and Pir Sabir Shah v. Shah Muhammad Khan PLD 1995 SC 66 ref. ORDER The petitioner, by way of this Constitutional petition, has challenged-the vires of order of the respondent dated 7-5-2001 whereby he imposed a fine of Rs.5,000 on the petitioner. Learned counsel of the petitioner submits that respondent No. 1 had assumed the jurisdiction…

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