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UMAR vs GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Department S — 2025 PLD 87 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PLD 87 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PLD
Parties
UMAR vs GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Department S
Subject matter
Family
Provisions referred to
S. 3

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

UMAR VS GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Department S. 3(1) [as amended by Balochistan Maintenance of Public Order (Amendment) Ordinance (IX of 2002)]---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Detention order---Judicial review---Scope---Alternate remedy, availability of---Invoking of constitutional jurisdiction of High Court instead of availing remedy provided under the relevant law would only be justified when the order/action was palpably without jurisdiction---To force an aggrieved person in such a case to approach the forum provided under the relevant statute may not be just and proper---In the present case detention order was not only palpable but also bereft of any legal reasoning, thus, issuance of direction to the petitioner for availing the alternate remedy would be an exercise in futility and would not serve the ends of justice---Constitutional petition was held to be maintainable.

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