SAMI ULLAH ABRAHAM vs FAWAD AHMAD arts — 2023 CLC 588 ISLAMABAD

Case information

Citation: 2023 CLC 588 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: CLC
Parties: SAMI ULLAH ABRAHAM vs FAWAD AHMAD arts
Subject matter: Criminal

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

SAMI ULLAH ABRAHAM VS FAWAD AHMAD arts.62(1)(f) & 199---Constitutional petition---Disqualification---accountability in Majlis-e-Shoora (Parliament)---Disputed questions of fact---Petitioners sought disqualification of respondents who were elected Members of National assembly---Validity---Power vested in High Court under art. 199 of the Constitution was extraordinary and discretionary---Exercise of such power could be refused when High Court was satisfied that it would not be in public interest to do so---High Court declined to exercise its discretion under art. 199 of the Constitution as petitioners belonged to political party that had considerable representation in Majlis-e-Shoora (Parliament)---Instead of involving judicial branch of State, petitioners had adequate remedy to evolve a mechanism of accountability in Majlis-e-Shoora (Parliament)---Supremacy of the Constitution and Majlis-e-Shoora (Parliament) could only be upheld if chosen representatives resolve to settle their disputes without involving judicial branch---Supremacy of Majlis-e-Shoora (Parliament) was undermined when controversies such as disqualification of chosen representatives were brought before High Court---High Court declined to exercise its extraordinary jurisdiction in favour of petitioners---Constitutional petition was dismissed in circumstances.

Other judgments reported in 2023 CLC

2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTANHAFEEZULLAH VS Dr. MUNIR AHMED Gift---Oral gift---Gift in favour of minor---Scope---Gift in favour of minor is not invalid if physical posse…
2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTANSHAHEEN ALAM VS Mst. BIBI SALMA (Widow) S.278---Petition for letters of administration---Scope---Administration suit in view of the Successi…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence S.1---Recovery of damages---Vicarious liability---Employe…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Civil liability---Acquittal in criminal case---Effect---E…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION S. 114 & O. XLVII, R. 1---Review---Scope---Courts are vested with the…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION art.199---Constitutional jurisdiction---Factual controversy---Scope---…

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