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SALEEM AHMED JAN vs DEPUTY COMMISSIONER, ISLAMABAD art — 2024 CLC 953 ISLAMABAD

Case information

Citation
2024 CLC 953 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
SALEEM AHMED JAN vs DEPUTY COMMISSIONER, ISLAMABAD art

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

SALEEM AHMED JAN VS DEPUTY COMMISSIONER, ISLAMABAD art. 175---Courts and administrative bodies---Jurisdiction---Judicial control and oversight of all courts and tribunals that exercise judicial powers and dispense judicial functions is a salient feature of the Constitution that is often referred to as independence of the Judiciary within the larger framework of separation of powers---any forum exercising judicial powers and dispensing judicial functions falls within the exclusive domain of the Judiciary and is independent of the authority and power exercised by other constitutional pillars of the state i.e. the Executive and the Legislature---Clear separation between the Executive and the Judiciary did not exist in 1973 at the time of adoption of the Constitution, which was why art. 175(3) of the Constitution provided that such separation was to be brought about within a period of five years (which period was subsequently extended to fourteen years and had since elapsed)---any executive authority exercising judicial power is anathema to the Constitution---To allow an administrative body to exercise judicial power and discharge judicial functions places at risk the rights of citizens, whose rights and obligations are adjudicated by a body that is not vested with requisite independence, is not bound by judicial method, does not fall within the control or supervision of a High Court, and against wrongful decision of which the citizen is not afforded effective judicial remedies.

Other judgments reported in 2024 CLC

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