Wednesday, 10 December 2014

Constitutional Jurisdiction of High Court

P L D 2006 Lahore 431
Before Syed Shabbar Roza Rizvi, J
MAZHER HUSSAIN---Petitioner
Versus
THE STATE and 2 others---Respondents
Writ Petition No.1564-Q of 2006, decided on 6th April, 2006.
 (a) Constitution of Pakistan (1973)---
----Arts. 199 & 184(3)---Constitutional jurisdiction of High Court---Scope---Constitution of Pakistan is basically a document which provides a system for the country under which it is governed---Constitution also demarcates functions of different organs of the State---in the Scheme of the Constitution, people of Pakistan have also been provided legal and fundamental rights---Arts. 184(3) and 199 of the Constitution have been provided in the Constitution basically to protect these rights and to take a judicial notice if these are violated by any person---Article 199 of Constitution is not meant to usurp the jurisdiction of other constitutional and statutory organs of the State; it is also not meant to render all other laws redundant and it has also not been enacted to affect adversely the administration and running of statutory bodies and departments i.e. Police etc.---High Court has been empowered to intervene under Art. 199 of the Constitution in a matter in which no legal remedy has been provided to address grievance of any aggrieved party/person within its territorial jurisdiction---Such jurisdiction is also available when remedies available under law have been exhausted, but still petitioner's grievance remained unresolved and High Court is satisfied about genuineness of grievance.
 (b) Constitution of Pakistan (1973)---
----Art. 199---Criminal Procedure Code (V of 1898), S.561-A---Constitutional petition---Quashing of F.I.R.---Accused mostly rush to High Court for quashing of F.I.R. by invoking Art.199 of the Constitution while Code of Criminal Procedure, 1898, Police Rules, 1934 and Police Order, 2002, have provided a Scheme to get relief in such-like situation---Police hierarchy has also been provided under those laws.
 (c) Criminal Procedure Code (V of 1898)---
----S. 156---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Investigation---Investigation is a statutory function and duty of the police---High Court is not assigned a role of Superior Investigator---High Court can only be approached when concerned Police Authorities, under relevant law, would fail to perform their statutory functions or exceed their jurisdiction, but not immediately after registration of F.I.R.---Such is not a purpose of Art.199 of the Constitution.
(d) Administration of justice---
----Duty and function of counsel---Bar was there to represent their clients as well as to assist the Courts honestly and devotedly, but if 6imsel would involve the Courts in frivolous cases or petty matters, which could be resolved otherwise, that would distract Courts from substantial work like criminal/civil appeals and constitutional issues, etc.---Misconceived and unfounded litigation not only would waste precious public/Court's time, it also would increase pendency of cases---High Court which was apex constitutional and appellate Court within the Province, its basic role was to decide appeals and constitutional issues within reasonable time because justice delayed was justice denied---All stakeholders were advised to let the High Court focus on its real role and job.
Mehr Zauq Muhammad Sipra for Petitioner.
ORDER
SYED SHABBAR RAZA RIZVI, J.---The Constitution of Pakistan is basically a document which provides a system for the country under which it is governed. It also demarcates functions of different Organs of the State. In scheme of the Constitution, people of Pakistan have also been provided legal and fundamental rights. Article 184(3) and Article 199 of the Constitution are provided in the Constitution basically to protect those rights and to take a judicial notice if those are violated by any person; person is defined in clause (5) of Article 199 itself. The Constitution or Article 199 is not meant to usurp the jurisdiction of other constitutional and statutory organs of the State. It is also not meant to render all other laws redundant. It is also not enacted to affect adversely the administration and running of statutory bodies and departments i.e. Police etc. High Court has been empowered to intervene under Article 199 of the Constitution in a matter in which no legal remedy is provided to address grievance of any aggrieved party/person within its territorial jurisdiction. This jurisdiction is also available when the remedies available under the law have been exhausted but still petitioners' grievance remains unresolved; and the High Court is satisfied about genuineness of the grievance.
2. Somehow there is an increased trend that whenever an F.I.R. is registered, the accused persons rush to the High Court for quashment of the same, and invoke Articles 199 of the Constitution. Code of Criminal Procedure, Police Rules, 1934 and now Police Order, 2002 provide a scheme to get the relief in such like situation; a police hierarchy is. also provided under these laws. Investigation is a statutory function and duty of the police. High Court is not assigned a role of superior investigator. High Court can only be approached when the concerned police authorities, under the concerned law, as mentioned above, fail to perform their statutory functions or exceed their jurisdiction, but not C immediately after registration of F.I.R. I have come across cases where within days, even before start of investigation, writ petitions for quashment of F.I.R. are tiled. This is not a purpose of Article 199 of the Constitution.
3. The bar is there to represent their clients as well as to assist the courts honestly and devotedly. But if they involve the courts in frivolous cases or petty matters, which can be resolved otherwise, that distracts courts from substantial work like criminal/civil appeals and constitutional issues, etc. Misconceived and unfounded litigation not only wastes precious public/court time, it also increases pendency of cases. High Court is an apex constitutional and appellate Court within the Province and its basic role is to decide appeals and constitutional issues within reasonable time. Because justice delayed is justice denied. Therefore, all the stakeholders are advised to let the High Court focus on its real role and job.
4. In view of the above, the petitioner is directed to contact S.P. Investigation who is under a statutory obligation as mentioned above to ensure that fair-play is done with the parties, at his level and if the grievance of the petitioner is found correct, the same be rectified. The petitioner is directed to furnish a copy of this order to the S.P. Investigation. This writ petition is disposed of.

H.B.T./M-215/L                                                                                  Order accordingly.

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