Friday, 10 August 2012

High court can not determine question of facts

  Citation Name  : 2011  SCMR  1990     SUPREME-COURT
  Side Appellant : FIDA HUSSAIN
  Side Opponent : Mst. SAIQA
                        Art. 199---Constitutional petition---Factual controversy---Recording of statement---Respondent filed constitutional petition before High Court against appellants and police officials for causing harassment to her and her children---Appellants specifically denied allegations of respondent and in support had produced some documents---Matter involved disputed facts which for the purpose of determination required factual inquiry by recording evidence---High Court recorded statement of respondent and appellants were not provided any opportunity to cross-examine her on the basis of her statement and passed the order---Validity---High Court was not to resolve disputed question of facts in exercise of Constitutional jurisdiction under Art. 199 of the Constitution---Orders passed by High Court were not sustainable in the eyes of law, therefore, those were set aside by Supreme Court---Appeal was allowed accordingly.

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