Citation Name: 2024 YLR 1961 LAHORE-HIGH-COURT-LAHOREBookmark this Case Judicial Activism Panel vs Government of Pakistan arts — 2024 YLR 1961 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 1961 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1961 LAHORE-HIGH-COURT-LAHOREBookmark this Case Judicial Activism Panel vs Government of Pakistan arts
Subject matter: Constitutional
Provisions referred to: Judicial Act

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

Citation Name: 2024 YLR 1961 LAHORE-HIGH-COURT-LAHOREBookmark this Case Judicial Activism Panel VS Government of Pakistan arts. 9, 14, 38 & 199(2)---Price Control and Prevention of Profiteering and Hoarding act (XXIX of 1977), Preamble---Jurisdiction of High Court---Scope---Enforcement of fundamental right---Essential commodities for citizens at controlled and affordable rates---Duty of Government---Gap in law owing to declaration of the Price Control and Prevention of Profiteering and Hoarding act, 1977 as ultra vires of Federal Legislature, which had been challenged in Supreme Court---Effect---Lack of action on part of Provincial government --- Plenary powers of High Court---Scope---Enforcement of fundamental rights and protection of the Constitution is the primary function of a High Court under the Constitution and as per the oath sworn by the Judges of High Court---article 199(2) of the Constitution gives unabridged power to High Court for enforcement of fundamental rights under Chapter I, Part-II, which is subject only to the Constitution---Till the decision of Supreme Court, enforcement of fundamental rights cannot be left in lurch---Government was directed to continue following the directions of High Court for price control of essential commodities, even if there was any gap or absence of relevant law --- Petition was disposed of accordingly.

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