2647/2020 Const. P. Dr. Muhammad Ayaz Mustafa (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Sindh High Court
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 15-DEC-20
relieving him from the post of Director Anti-Quackery Sindh Health Care Commission (`SHCC`)--In view of the above discussion, the petition is not maintainable either on facts or in law. However, before parting with this case, it may be observed that every person has a right to approach a Court of law for redressal of his grievance, whether such grievance is against a private party or a public functionary. Article 199 of the Constitution restricts such right only to an aggrieved person, as contemplated in the said Article, who is aggrieved by any action or order of a public functionary or department or the Provincial or Federal Government. A person coming to Court must be fully aware of his right i.e. whether he is entitled to such right or not. We are constrained to observe that despite the legal position established in view of the plethora of pronouncements by the Honble Supreme Court as discussed above, the present petitioner filed this petition seeking a relief to which he was not entitled under the law. In other words, the petitioner wanted this Court to grant a declaration contrary to the law settled by the Honble Supreme Court. Not only this, he obtained an ad-interim injunction order in these proceedings against the respondent- SHCC. Such conduct on his part is not acceptable as he has consumed and wasted valuable time of this Court which could have been utilized to decide genuine and urgent matters. Therefore, the petition is liable to be dismissed with costs.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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