6561/2016 Const. P. Muhammad Arif (Petitioner) V/S Province of Sindh and Ors (Respondent)
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
6561/2016 Const. P. Muhammad Arif (Petitioner) V/S Province of Sindh and Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author) Order Date: 15-DEC-16
Through this petition the petitioner sought declaration and direction against the respondents and also claim damages against them. It was taken into consideration that Article 199 of the Constitution casts an obligation on the High Court to act in the aid of law and protects the rights within the framework of Constitution and this extra ordinary jurisdiction of High Court may be invoked to encounter and collide with extraordinary situation and non-availability of any alternate remedy under the law where the illegality of the impugned action of an executive or other authority can be established without any elaborate enquiry into complicated or disputed facts. Controverted questions of fact, adjudication on which is possible only after obtaining all types of evidence in power and possession of parties can be determined only by the courts having plenary jurisdiction in matter. Advocates: Saleem Khan(ADVO-15303-SBC-KHI),Advocate General Sindh(ADVO-GEN-SBC-KHI)