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GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Agriculture, Livestock and Cooperative Department Peshawar vs SAEED-UL-HASSAN art — 2022 PLC(CS) 164 SUPREME-COURT

Case information

Citation
2022 PLC(CS) 164 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLC
Parties
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Agriculture, Livestock and Cooperative Department Peshawar 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 through Secretary Agriculture, Livestock and Cooperative Department Peshawar 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 2022 PLC

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