PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

GOVERNMENT OF KHYBER PAKHTUNKHWA vs SAEED-UL-HASSAN art — 2021 SCMR 1376 SUPREME-COURT

Case information

Citation
2021 SCMR 1376 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
GOVERNMENT OF KHYBER PAKHTUNKHWA vs SAEED-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

GOVERNMENT OF KHYBER PAKHTUNKHWA VS SAEED-UL-HASSAN art. 199---Constitutional jurisdiction of the High Court---Scope---Jurisdiction of the High Court was to interpret the law, test its vires on the touchstone of the Constitution and examine the legality of executive/administrative actions in exercise of its powers of judicial review---Court was supposed to interpret the law and apply it in letter and spirit---Court could not go beyond what the law was, and what interpretation permitted---Courts lacked jurisdiction to provide remedies which were otherwise not in the law or the Constitution by inventing remedies of their own---Reading provisions or interpreting existing provisions in a manner which had the effect of virtually adding new provisions constituted excessive and arbitrary exercise of jurisdiction and encroached upon the domain of the executive and legislative authority---Such modus operandi militated against the fundamental principle of trichotomy of powers which was a cornerstone of the Constitution.

Other judgments reported in 2021 SCMR

Back to the case-law library · Search Pakistani case law in Urdu or English