Mian Arif Said vs Province of Punjab through Additional Chief Secretary, Home Department, Lahore art

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Mian Arif Said VS Province of Punjab through Additional Chief Secretary, Home Department, Lahore art.199---Constitutional petition---Object, purpose and scope---Object and scope of art. 199 of the Constitution is enforcement of a right and not establishment of a right---Such right must not only be clear and complete simplicitor but there must be an actual infringement of such right---Constitutional jurisdiction cannot be expanded on a solitary resolution or treatment for un-doing a wrong doing, anguishes, or suffering of a party, regardless of having an equally efficacious, alternate and adequate remedy provided under the law which cannot be bypassed to attract Constitutional jurisdiction---Powers of High Court under art. 199 of the Constitution are different than Supreme Court under art. 187 of the Constitution---While exercising the powers, parameters of jurisdiction must be kept in mind according to which only the powers conferred by the Constitution have to be exercised subject to the Constitution only where there is no adequate remedy available. Citation Name: 2024 PCrLJ 1037 LAHORE-HIGH-COURT-LAHORE Mian Arif Said VS Province of Punjab through Additional Chief Secretary, Home Department, Lahore art. 199---Constitutional petition---Maxim "ubi jus ibi remedium" (when there is a right there is a remedy)--- alternate and efficacious remedy, availability of---Scope---Maxim ubi jus ibi remedium (when there is a right there is a remedy), is recognized in the command of jurisdictive procedure---Courts show restraint directing the parties to first take recourse to alternative and equally efficacious mechanism and framework of remedy provided rather than to take departure in order to surpass or circumvent such remedy. Citation Name: 2024 PCrLJ 1037 LAHORE-HIGH-COURT-LAHORE Mian Arif Said VS Province of Punjab through Additional Chief Secretary, Home Department, Lahore art. 199---Qanun-e-Shahadat (10 of 1984), arts. 117, 120 & 129(e)---Constitutional petition---Mala fide against government---Proof---Onus to prove---Presumption---alternate and efficacious remedy---Petitioners assailed their arrests on the plea of mala fide on the part of authorities---Validity---Onus is always upon the person alleging as there is a presumption of regularity in all official acts and until that was rebutted, the actions cannot be challenged---Specific pleadings must be made with reference to particular mala fide and the same is not interchangeable with any other kind of mala fide---Person alleging mala fide against government should not be allowed a roving enquiry into the files of government for fishing out some kind of a case---Under the concept of separation of powers, investigation of a criminal case falls in the domain of police---If independence of judiciary is hallmark of democratic dispensation then on the other hand independence of investigation agency is equally important to the concept of rule of law---Undue interference in each other's role destroys the concept of separation of powers and may go towards defeating of jurisdiction---Bypassing whole procedure and methodology would not help the petitioners---There were certain alternate remedies available to petitioners which they could resort to---High Court declined to declare arrest and detention of detenus as illegal---Constitutional petition was dismissedm, in circumstances.

Mian Arif Said vs Province of Punjab through Additional Chief Secretary, Home Department, Lahore art — 2024 PCrLJ 1037 LAHORE-HIGH-COURT-LAHORE

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