Dr. MOHAMMAD ASLAM KHAKI vs Khawaja KHALID FAROOQ KHAN S — 2023 SCMR 1208 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Dr. MOHAMMAD ASLAM KHAKI VS Khawaja KHALID FAROOQ KHAN S. 3(2)--- Constitution of Pakistan, Arts. 9, 14(1), 24, 185(3) & 199---National Police Foundation Housing Scheme ("the Housing Scheme")---Illegal allotment of second plot to Managing Director ("MD") of National Police Foundation ("the Foundation")---Park/green area in layout plan converted into a plot---Constitutional petition filed before the High Court challenging such illegal allotment was dismissed by the High Court on the ground that the Foundation was a private trust not susceptible to writ jurisdiction of the High Court---Against such dismissal Petition for Leave to Appeal was filed before the Supreme Court without exhausting the available remedy of filing an Intra Court Appeal ("ICA") under section 3(2) of the Law Reforms Ordinance, 1972 ("Ordinance") before the High Court---Maintainability---Federal Government had paid a considerable amount and had established the Foundation which is a charitable endowment with stated objectives to be adhered to---Committee of Administration of the Foundation comprises of serving government officers---Foundation's property can only be used as stipulated in its Scheme of Administration---In presence of such facts to contend that the High Court did not have jurisdiction under Article 199 of the Constitution is inexplicable---In the present case a number of Fundamental Rights are also involved, including the right to life and dignity of man---Therefore, the objection with regard to the petitioner directly assailing, under Article 185 of the Constitution, the impugned judgment of the Single Judge (of the High Court), without first availing of the Intra Court Appeal provided for under the Ordinance, in the facts and circumstances of the present case is not sustainable.

Dr. MOHAMMAD ASLAM KHAKI vs Khawaja KHALID FAROOQ KHAN S — 2023 SCMR 1208 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 SCMR