FEDERATION OF PAKISTAN through Secretary, Ministry of Energy (Power Division), Islamabad vs SHAFIQ UL HASSAN art — 2021 PLC(CS) 292 SUPREME-COURT

Case information

Citation: 2021 PLC(CS) 292 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLC
Parties: FEDERATION OF PAKISTAN through Secretary, Ministry of Energy (Power Division), Islamabad vs SHAFIQ UL HASSAN art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FEDERATION OF PAKISTAN through Secretary, Ministry of Energy (Power Division), Islamabad VS SHAFIQ UL HASSAN art. 199---Civil service---Interim order passed by High Court in its constitutional jurisdiction---Scope and principles---Grant of interim relief which had the effect of permanence was violative of the rule laid down by the Supreme Court in the case of Islamic Republic of Pakistan v. Muhammad Zaman Khan (1997 SCMR 1508)---Constitutional jurisdiction by Superior Courts must be exercised according to the settled principles of law---Granting longevity to a suspensory order without hearing the other side was, if at all, done exceptionally, as this was necessary for ensuring the majesty of the law and preserving public trust in the courts of law---Policy of Supreme Court was that it interfed with interim orders passed by the High Court only exceptionally; this would be in cases of serious violation of the law or wrongful exercise of jurisdiction.

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