Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Relief, moulding of---Relief not sought, cannot be granted---Such relief can be denied in the cases in which High Court is exercising original jurisdiction in suit or appellate or revisional jurisdiction---Even in exercise of such jurisdiction the dominant prevailing view is that the Court can mould the relief and allow the same though it is not prayed for, as the Courts are not merely slaves of technicalities but are the Courts of justice and, therefore, relief can be moulded in a way which serves the purpose of justice. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Judicial review---Import, object and scope-High Court, in exercise of such jurisdiction is required to see whether public functionaries have acted in accordance with law---Such jurisdiction of High Courts and particularly the superior Courts is in accordance with the concept of checks and balances which is integral part of concept of separation of powers enshrined in the Constitution---Court, in exercise of jurisdiction of judicial review of administrative/public action, is required to see whether functionaries of the State in connection with the affairs of federation, province or local authorities have done things in accordance with the law or actions have been taken otherwise than in due course of law---Basic principles in this behalf are that in the realm of public actions every thing should be taken objectively and on the basis of criteria already determined and fixed---No room available for subjectivity or actions which smack of arbitrariness, favouritism or discrimination---If yardsticks are not determined prior to the taking of decisions then decisions are bound to be subjective and non-transparent, which are not the hallmark of good governance---In a democratic set up the complete transparency and accessibility to the policy decisions in pursuance of right of information are strictly observed. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition-Maintainability-Jurisdiction of High Court---Principles---Objection raised by the…

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