Case Details

Citation(s)
2003 SLG 2788 2003 SLD 2788 2003 CLC 1860
Sindh High Court
Constitutional Petition No.D-3388 of 1993, decision dated: 3rd April, 2002.
SAIYED SAEED ASHHAD, C.J, AND GHULAM RABBANI, J

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RAHAT HUSSAIN-

VS

COLLECTOR OF CUSTOMS (PREV.), CUSTOMS HOUSE, KARACHI and 2 others

Law:

Section:

(a) Establishment of the Office of Wafaqi (Ombudsman) Order (1 of 1983)------Art. 32---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Review by Wafaqi Mohtasib of his order---Validity--­Contention of the petitioner that Establishment of Wafaqi (Ombudsman) Order, 1983 had not conferred on the Wafaqi Mohtasib any power of review of his orders which could not be exercised in the absence of specific conferment of the power, was correct but order ought to have been challenged by way of representation to the President of Pakistan as required by Art.32 of the Establishment of Wafaqi Order, 1983--­Petitioner did not resort to the remedy made available to him by the Legislature---Invocation of Constitutional jurisdiction of High Court under Art. 199 of the Constitution of Pakistan, 1973 was not permitted on the established principle that in the presence of alternate and efficacious remedy available to an aggrieved party he would not be permitted to invoke the Constitutional jurisdiction of High Court but should resort to the remedy available to him under statutory law. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others PLD 1970 SC 1 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199--Establishment of Office of Wafaqi (Ombudsman) Order (1 of 1983)---Constitutional petition ---Wafaqi Mohtasib's order was challenged without joining Federation of Pakistan---Validity---Petitioner had challenged the order of Wafaqi Mohtasib which required to join Federation of Pakistan as one of the respondents in the petition---Failure to join Federation of Pakistan as a respondent had rendered the petition as defective and liable to be dismissed. Haji Abdul Aziz v. Government Blochistan 1999 SCMR 16 rel. Attaur Rehman for Petitioner. Raja Muhammad Iqbal for Respondents. Date of hearing: 3rd April, 2002. JUDGMENT SAYID SAEED ASHHAD, C.J.--- In this petition, petitioner has sought the following reliefs:-- It is, therefore, prayed in the interest of justice that this Honourable Court may be pleased to:-- (a) accept this petition and declare that review order, dated 5-8-1993 No.K/30/93(R) "1458" A in K/4242/92 (A 1156) as ultra vires of the…
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