1994SCMR2286 (PLP)
MUHAMMAD MUSHTAQ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN‑‑‑Respondent
| Citation | 1994SCMR2286 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Afzal Zullah, CJ. |
| Parties | MUHAMMAD MUSHTAQ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN‑‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1994SCMR2286 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994SCMR2286 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Afzal Zullah, CJ..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994SCMR2286 (PLP) (MUHAMMAD MUSHTAQ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Muhammad Ayub Bokhari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 5th October, 1992.
Headnotes / Summary
(On appeal from the judgment dated 7‑6‑1992 of the Peshawar High Court, Peshawar, in Writ Petition No. 688 of 1992). ‑‑‑‑Arts. 199 (3) & 185(3)‑‑‑Matter relating to armed forces‑‑‑Bar of jurisdiction under Art. 199(3)‑‑‑Grant of relief in relation to a person who is member of armed forces of Pakistan, even though based on fundamental rights, which are included in cl. (1) of the said Article is barred under Art. 199 (3) as High Court has no jurisdiction in the matter‑‑‑Petition being barred by cl. (3) of Art. 199 was rightly dismissed by High Court‑‑‑Leave to appeal was refused in circumstances.‑‑‑[Jurisdiction].
Judgment & Decree
(On appeal from the judgment dated 7‑6‑1992 of the Peshawar High Court, Peshawar, in Writ Petition No. 688 of 1992). ‑‑‑‑Arts. 199 (3) & 185(3)‑‑‑Matter relating to armed forces‑‑‑Bar of jurisdiction under Art. 199(3)‑‑‑Grant of relief in relation to a person who is member of armed forces of Pakistan, even though based on fundamental rights, which are included in cl. (1) of the said Article is barred under Art. 199 (3) as High Court has no jurisdiction in the matter‑‑‑Petition being barred by cl. (3) of Art. 199 was rightly dismissed by High Court‑‑‑Leave to appeal was refused in circumstances.‑‑‑[Jurisdiction]. Syed Muhammad Ayub Bokhari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 5th October, 1992. MUHAMMAD AFZAL ZULLAH, CJ.‑‑‑The dismissal by a High Court of petitioner's Constitutional (Writ) Petition has been brought under challenge. The learned counsel admits that the High Court was right in observing that the Writ Petition was barred by Sub‑Article (3) of Article 199 of the Constitution; but he argued that the plea raised before the High Court being one based on fundamental rights guaranteed by the Constitution, the bar under Article 199(3) could have been ignored by the High Court. The High Court was approached under Article 199 for grant of a relief under Sub‑Article (1) thereof. The relief regarding Fundamental Rights is included in Sub‑Article (1); which is clearly barred under Article 199 (3) with reference to Sub‑Article (1) thereof. The High Court had no jurisdiction in the matter. Hence the impugned order cannot be assailed on the ground that the High Court failed to exercise a jurisdiction vested in it without any legal justification. Thus leave to appeal is refused. A.A./M‑1980/S Leave refused.