Alternate and afficacious remedy

2013 CLD 1886 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 33 & 34Constitution of Pakistan, Art. 199Constitutional petitionAlternate and afficacious remedy

Penalty was imposed by authorities and petitioner instead of filing appeal invoked constitutional jurisdiction of High Court

Validity

Petitioner was not able to show that remedy available by way of appeal under S.34 of Securities and Exchange Commission of Pakistan Act, 1997 was not adequate

Petitioner availed remedy available under S.33 of Securities and Exchange Commission of Pakistan Act, 1997, by filing appeal before Commissioner

When appeal was dismissed, instead of approaching forum provided under Securities and Exchange Commission of Pakistan Act, 1997, petitioner directly approached High Court under constitutional jurisdiction without availing remedy provided under S.34 of Securities and Exchange Commission of Pakistan Act, 1997

Provision of Art.199 of the Constitution had imposed embargo on filing of constitutional petition in case adequate and alternate remedy was available to petitioner

Petition was dismissed in circumstances.