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FAWAD AFZAL KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 CLC 142 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 142 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
FAWAD AFZAL KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter
Constitutional
Provisions referred to
S. 3---C; Khyber Pakhtunkhwa Alternate Dispute Resolution Act

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

FAWAD AFZAL KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.3---Constitution of Pakistan, Art.199---Constitutional petition---Vires of law---Alternate Dispute Resolution---Object, purpose and scope---Petitioner assailed Khyber Pakhtunkhwa Alternate Dispute Resolution Act, 2020, on the plea that the same was ultra vires the Constitution---Validity---Provincial Government was competent to legislate on the subject and there was no mala fide on the part of the Legislature to pass the law---Apart from providing inexpensive and expeditious justice to litigants, there were further advantages of Alternate Dispute Resolution System, which included direct engagement of parties in the process than what was usually done in the Courts of law---Parties before Saliseen were in better position to explain their stance in their own languages, accents and styles to the Saliseen who also knew well the customs and traditions prevailing the area, who could discuss the issue holistically and try to put an end to a lis once for all without adverting to technicalities--- Constitutional petition was dismissed, in circumstances. Head Notes

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