3503/2016 Const. P. Syeda Imammah Ali and Ors (Petitioner) V/S Muhammad Yaqoob and Ors (Respondent)

3503/2016 Const. P. Syeda Imammah Ali and Ors (Petitioner) V/S Muhammad Yaqoob and Ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 20-OCT-16

This petition was directed against the order passed by Additional District & Sessions Judge, Karachi (South), acting as Ex.Offcio of justice of peace on the application under Section 22-A (6)(i), Cr.P.C. Scope of Article 199 of the constitution, Scope of Section 22-A, Cr.P.C. (Powers of Justice of Peace), Section 22-B, Cr.P.C. (Duties of Justice of Peace) and Section 25, Cr.P.C. (Ex.Offcio of justice of peace) in the light of Larger Bench Judgment in the case of Younus Abbas and others v. Additional Sessions Judge, Chakwal and others (PLD 2016 S.C. 581) have been discussed. It was observed that par Article 199 of the Constitution, the High Court to act in the aid of law and protects the rights within the frame work of Constitution, and if there is any error on the point of law committed by the courts below or the tribunal or their decision takes no notice of any pertinent provision of law, then obviously High Court may exercise Constitutional jurisdiction subject to the non-availability of any alternate remedy under the law. The jurisdiction conferred under Article 199 of the Constitution is discretionary with the objects to foster justice in aid of justice and not to perpetuate injustice.