Law:

Section:

Constitution of Pakistan (1962), Art. 98-High Court in exercise of its jurisdiction under Art. 98, would not enter into question of validity of laws, notifications etc. merely as an academic exercise ­Orders and actions of authorities, impugned in writ petition, recalled by authorities pending petition and assurance given that petitioner would not be proceeded against save in accordance with law-Held nothing remained, in circumstance, for High Court to adjudicate upon and High Court was not bound, in circumstance, to pronounce upon validity or otherwise of notifications and enactment impugned-­High Court was justified in disposing of petition in terms of assurance given by respondent. The High Court's function under Article 98 of the Constitu­tion of 1962 is not to pronounce upon the validity of laws or Notifications, etc., as merely an academic exercise but it is only where a person is aggrieved, that is to say, adversely affected by such a law that he may invoke the jurisdiction of the High Court and then the High Court would in a concrete case deal with the legal position. In the present case when the orders and actions of the authorities which were sought to be challenged were recalled and an assurance given that the goods or trucks impound­ed would be released forthwith there was nothing left to be done by the High Court. The relief that the petitioners sought in the High Court had been received by them and they had in addition also the undertaking of the Additional Advocate-General on behalf of the Government that the petitioners would not be proceeded against save in accordance with law. There was no question left, therefore, on which the High Court could have adjudicated. Sh. Ghias Mohammad, Senior Advocate Supreme Court assisted by Malik Mohammad Afial, Advocate instructed by Kh. Walt Mohammad, Advocate-on Record for Petitioners. Nemo for Respondents. Date of hearing : 28th June 1971. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioners in this case, who carry on the business as Goods Forwarding Agents, at Lahore, had filed a petition under Article 98 of the Constitution in the Lahore High Court to challenge the validity of certain actions taken by the…

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