Citation Name: 2023 CLC 2156 LAHORE-HIGH-COURT-LAHOREBookmark this Case SARWAR TAJ vs GOVERNMENT OF THE PUNJAB

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Citation Name: 2023 CLC 2156 LAHORE-HIGH-COURT-LAHOREBookmark this Case SARWAR TAJ VS GOVERNMENT OF THE PUNJAB art. 199(1)(a)(i)---Writ of mandamus---Scope---Writ in the nature of mandamus in terms of art. 199(1)(a)(i) of the Constitution visualizes issuance of direction, inter alia, to a person performing functions in connections with affairs of the Federation, a Province or a Local Government to do what law requires him to do---Jurisdiction of the High Court under the said provision is limited to ensuring that the state functionaries do what they are required by law to do---Unless an act or omission of the state functionary falls within the said parameter, High Court would be overstepping its jurisdiction in issuing any direction. Citation Name: 2023 CLC 2156 LAHORE-HIGH-COURT-LAHOREBookmark this Case SARWAR TAJ VS GOVERNMENT OF THE PUNJAB art. 199---Constitutional jurisdiction of High Court---Discretionary remedy---Exercise of jurisdiction under art. 199 of the Constitution is discretionary. Citation Name: 2023 CLC 2156 LAHORE-HIGH-COURT-LAHOREBookmark this Case SARWAR TAJ VS GOVERNMENT OF THE PUNJAB Ss. 4, 5 & 8---Punjab Drugs Rules, 2007, R. 20---DrugRegulatory Authority of Pakistan Act (XXI of 2012), Ss. 2(ii), 2(xxxvi), 27 & Sched. II, Section B---Penal Code (XLV of 1860), Ss. 284 & 336A---Constitution of Pakistan, Art. 199(1)(a)(i)---Experiment with a poisonous substance---Permission sought from High Court to conduct the experiment in a public place---Petitioner contended that in his experiment, if he died, no one would be responsible for his death; that if he remained alive, the Government be directed to follow his prescription to cure cancer patients to avoid exorbitant medical costs for the treatment and cure of such patients---Validity---Petitioner failed to point out any provision in law conferring authority upon the Provincial Government or the District Administration to grant the permission for experiment sought by him---High Court cannot issue a direction sought where the same carries potential risk of commission of any offence in the statute book---What the petitioner seeks in relief in the instant case is surely a public representation of his act of consumption of a substance that he believes would not cause his death but may cure and recover cancer patients---Relief sought by the petitioner, if allowed, is not only likely to be in violation of the prohibitions in Drug Regulatory Authority of Pakistan Act, 2012 constituting offences but could perpetuate anarchy in the field of drugs---Issuance of the direction prayed for by the petitioner may also have the effect of undermining the role and authority of the regulator under the Poisons Act, 1919 and Punjab Drugs Rules, 2007---Petitioner confirmed that he was not himself a cancer patient, therefore, it is not a case of euthanasia---When the petitioner is not a terminally ill patient and the permission is not being sought to limit his experience of great pain and suffering rather for the purpose of life risking experiment to create a public spectacle, no direction for the grant of such permission is warranted by law---Such permission, if issued, may disturb public order and encourage others to indulge in such unlawful practice---It would be inappropriate for the High Court to issue any direction to the Provincial Government and District administration to allow the petitioner relief qua publicly consuming any substance which is not registered with the Drug Regulatory Authority of Pakistan after trials and evaluation of its safety and efficacy when the same not only constitutes violation of law but criminal offences---Present petition appears to be more of a publicity stunt behind the veil of public interest, which cannot be entertained and is liable to be dismissed outrightly---Constitutional petition was dismissed accordingly.

Citation Name: 2023 CLC 2156 LAHORE-HIGH-COURT-LAHOREBookmark this Case SARWAR TAJ vs GOVERNMENT OF THE PUNJAB art — 2023 CLC 2156 LAHORE-HIGH-COURT-LAHORE

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