USMAN ARSHAD vs FEDERATION OF PAKISTAN through Secretary Revenue, Islamabad art — 2022 PTD 1235 ISLAMABAD

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USMAN ARSHAD VS FEDERATION OF PAKISTAN through Secretary Revenue, Islamabad art.199---Constitutional jurisdiction---Judicial review---Separation of powers---Effect---Principle of separation of powers which endows Court with responsibility to ensure that powers as enumerated by the Constitution are exercised by branch of the State in which such powers are vested---Such principle also requires High Court to exercise restraint while exercising judicial review powers in relation to administrative and rule-making authority by the Executive which is per se not in breach of fundamental rights of citizens---Where a petition invites High Court to exercise judicial review over discharge of administrative and rule-making functions delegated by the Legislature to the Executive, High Court would be slow in assuming jurisdiction and would undertake a deferential review only to ensure that the authority has been exercised by the Executive within the bounds prescribed by the Legislature---While exercising such deferential review High Court does not second guess the manner in which such authority has been exercised merely because the Court believes that there was a preferential manner in which such authority could have been exercised---Where a petitioner invites High Court to exercise judicial review over exercise of adjudicatory authority or even rule-making and administrative authority by the Executive in a manner that infringes fundamental rights of citizens, the Court would subject such exercise of authority to strict scrutiny---No assumption that the Legislature would ever delegate authority to the Executive with the assumption that such authority would be exercised to undermine or circumvent fundamental rights of citizens as guaranteed by the Constitution.

USMAN ARSHAD vs FEDERATION OF PAKISTAN through Secretary Revenue, Islamabad art — 2022 PTD 1235 ISLAMABAD

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