Law: Constitution of Pakistan, 1962

Section: 98

(a) Constitution of Pakistan (1962)------ ---Art. 98 No hard and fast rule for exercise of discretion in determining �adequacy� of other remedy Basic principle; Jurisdiction under Art. 98, to cases where other remedy is not exhausted, to be exercised sparingly with caution and circumspection, and ordi�narily only in cases of �grave Injustice�   Case of excess of jurisdiction, absence of jurisdiction   Remedy under Art. 93 available Not available in cases of irregular or erroneous exercise of jurisdiction Excess or absence of jurisdiction Decision a �nullity Habeas corpus Petition by third person will lie only in exceptional circumstances where �other remedy� is available to detenu West Pakistan Criminal Law (Amendment) Act (VII of 1963), S. 18 Remedy by appeal to Commissioner not exhausted by convict Whether High Court would entertain petition under Art. 98. It is well settled that when an alternative and adequate remedy is available to a suitor, he should be required to pursue that remedy and not to invoke the special jurisdiction of the High Court to issue a writ. The High Court may refuse to grant a writ where there exists an alternative remedy which is equally efficient and adequate. In determining adequacy of the �other� remedy while exercising powers under Art. 98, Constitution of Pakistan (1962). The Court in each case is to act in its discretion and by keeping into consideration the principles laid down in Mahboob Ali Malik v. Province of West Pakistan P L D 1963 Lah. 575, has to decide whether the appeal under section 18 of the Act would be an adequate remedy. In cases of absence of jurisdiction or the excess of jurisdiction, section 18 shall not be a bar. Again, where a general question of some public importance has been raised and is likely to arise in other cases, the Court may also raised entertain the petitions. Similarly, in cases where the order is challenged on the ground that the provision under which the order is made was not valid, or was ultra vires, or that the order does not fall within the section under which it purports to have been made, or that the petitioner questions the very authority…