MUHAMMAD AZAM KHAN SWATI vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior art

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MUHAMMAD AZAM KHAN SWATI VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior art. 199---Constitutional jurisdiction of High Court---Writ of mandamus---Principles for issuance of a writ of mandamus, enumerated. Citation Name: 2023 PLD 184 ISLAMABADBookmark this Case MUHAMMAD AZAM KHAN SWATI VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior art. 199---Constitutional jurisdiction of High Court---Writ of mandamus---Scope---In order to exercise jurisdiction in the nature of mandamus under art. 199 of the Constitution, it is sine qua non that there should exist a legal right in favour of the person who is seeking such relief. Citation Name: 2023 PLD 184 ISLAMABADBookmark this Case MUHAMMAD AZAM KHAN SWATI VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior arts. 19-a, 149 & 199---Rules of Business, 1973, Sched. II, Entry No. 18, Serial No. 18---Constitutional petition---Right to information---Directions to Provinces in certain cases---Territorial jurisdiction---Scope---Petitioner sought a direction to the Secretary, Ministry of Interior to provide information about the cases pending against him in the Provinces of Sindh and Balochistan as well as with Federal Investigation agency with respect to the Social media tweets made by him against armed Forces of Pakistan---Petitioner in order to fortify his case placed reliance on Serial No. 18 of Entry No. 18 to the Second Schedule of the Rules of Business, 1973 ('Serial No.18') which provided for coordination of policy matters, relating to Police---Likewise, reference was also made to art. 149 of the Constitution, which empowered the Federal Government to issue directions to the Provinces---Validity---Examination of the Serial No. 18 showed that it did not confer any right in any citizen/individual to seek information regarding pendency of cases---Stretching the concepts provided in art. 149 and the Rules of Business, 1973, did not entitle the petitioner in any manner to seek such information---No person could be arrested for an offence without being informed of the grounds of such arrest---On one cause more than one FIR cannot be registered against a person---Only first FIR prevailed and other cases succumbed to the first one and in such regard, the petitioner would be entitled to seek appropriate remedy before the Court(s) of competent jurisdiction---Since the other cases had been registered against the petitioner beyond the territorial jurisdiction of (Islamabad) High Court, no writ could be issued against the Provinces of Balochistan and Sindh---Writ petition was disposed of accordingly. Citation Name: 2023 PLD 184 ISLAMABADBookmark this Case MUHAMMAD AZAM KHAN SWATI VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior art. 199---Constitutional jurisdiction of High Court ---Writ of mandamus---Scope---applicant for mandamus must show that he has a legal right to the performance of a legal duty by the party against whom a mandamus is sought. Citation Name: 2023 PLD 184 ISLAMABADBookmark this Case MUHAMMAD AZAM KHAN SWATI VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior art. 199---Constitutional jurisdiction of High Court---Writ of mandamus---Writ of certiorari---Discretionary jurisdiction---Scope---Order in the nature of writ of certiorari or mandamus is a discretionary order and its object is to foster justice and right a wrong---Person can be permitted to invoke this discretionary power of a Court but it must be shown that the orders sought to be set aside had occasioned some injustice to the parties. Citation Name: 2023 PLD 184 ISLAMABADBookmark this Case MUHAMMAD AZAM KHAN SWATI VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior art. 199---Constitutional jurisdiction of High Court---Writ of mandamus---Scope---Mandamus is only issued where there is a legal right in the performance of duty by a statutory body and the failure thereof can cause injustice to him.

MUHAMMAD AZAM KHAN SWATI vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior art — 2023 PLD 184 ISLAMABAD

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