AFZAAL AHMED vs FEDERATION OF PAKISTAN through Secretary of Interior, Islamabad art — 2025 CLC 1389 ISLAMABAD

Case information

Citation: 2025 CLC 1389 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLC
Parties: AFZAAL AHMED vs FEDERATION OF PAKISTAN through Secretary of Interior, Islamabad art
Subject matter: Criminal

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

AFZAAL AHMED VS FEDERATION OF PAKISTAN through Secretary of Interior, Islamabad art. 199---Constitutional jurisdiction of High Court---Scope---Disputed questions of facts---No writ where disputed facts require evidentiary inquiry---Constitutional jurisdiction of High Court not a shortcut to bypass statutory mechanisms---Constitutional courts not fact-finding tribunals---Extraordinary jurisdiction cannot supplant statutory mechanisms---Writ jurisdiction, being discretionary and extraordinary in nature, could not be invoked to supplant statutory mechanisms designed for the resolution of factual disputes requiring the examination of evidence---Thus, the discretionary exercise of writ jurisdiction must remain an exception rather than the rule, reserved only for cases where no equally effective alternative exists---Superior courts must refrain from adjudicating disputed questions of fact that necessitate evidentiary inquiry---This principle, firmly entrenched in judicial discipline, ensures that constitutional courts exercising extraordinary jurisdiction do not assume the role of fact-finding tribunals---The rationale underlying this restraint was put in place to preserve the integrity of specialized statutory forums vested with the competence to examine factual controversies through proper evidentiary procedures.

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