| Case ID |
23387c00-1c87-49ce-a06a-fe0d0d24bb4e |
| Body |
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| Case Number |
Writ Petitions Nos. 1478 and 4067 of 2005 |
| Decision Date |
Jul 21, 2005 |
| Hearing Date |
Jul 21, 2005 |
| Decision |
In the matter of Writ Petitions Nos. 1478 and 4067 of 2005, the Lahore High Court, presided over by Justice Muhammad Nawaz Bhatti, meticulously examined the petitions filed by Sultan Shah and others against the District Public Safety Commission and additional respondents. The court delved into the intricacies of Article 199 of the Constitution of Pakistan, emphasizing the necessity for petitioners to establish themselves as aggrieved persons with tangible rights affected by the statutory duties of the respondents. The petitioners failed to substantiate their grievances adequately, particularly in demonstrating how their rights were infringed upon by the actions or inactions of the Public Safety Commission. Furthermore, the court addressed the jurisdictional overreach, highlighting inconsistencies in the actions taken by the respondents, including contradictory directives issued by the District Public Safety Commission and the Deputy Director Anti-Corruption Establishment. The court also scrutinized the legal proceedings surrounding the recording of birth entries and the subsequent actions directed against alleged culprits, finding procedural lapses that rendered the actions of the respondents unlawful. Citing the precedent set in M. Ghulam Nabi Awan Advocate v. Government of Pakistan and others (2003 MLD 90), the court reinforced the principle that non-serious litigants who approach the judiciary without thorough preparation and genuine grievance do not contribute positively to societal welfare and should be discouraged. As a result, the writ petitions were dismissed, reaffirming the importance of substantiated legal grievances and proper jurisdiction in judicial proceedings. This decision underscores the judiciary's role in upholding constitutional mandates, ensuring that only those with legitimate and well-founded claims receive judicial intervention. |
| Summary |
In the landmark case of Writ Petitions Nos. 1478 and 4067 of 2005, adjudicated by the Lahore High Court on July 21, 2005, petitioner Sultan Shah challenged the actions of the District Public Safety Commission and associated entities. Presided over by Justice Muhammad Nawaz Bhatti, the court meticulously analyzed the constitutional provisions, particularly Article 199 of the Constitution of Pakistan (1973), which delineates the scope and prerequisites for filing writs. The core of the dispute revolved around the issuance of a writ of mandamus, where the petitioners alleged that their statutory rights were infringed by the respondents' failure to perform designated duties, specifically pertaining to the recording of a birth entry for Gohar Abbas by the concerned Union Council. However, the court found significant shortcomings in the petitioners' claims. It was determined that the petitioners did not adequately demonstrate how they were aggrieved or how their rights were directly violated by the respondents' actions or inactions. The Lahore High Court emphasized that to qualify as an aggrieved person under Article 199, one must possess a concretely defined right affected by the statutory functionary's conduct. Furthermore, the court scrutinized the procedural aspects, highlighting the contradictory directives issued by different officials within the District Public Safety Commission and the Deputy Director Anti-Corruption Establishment. These inconsistencies raised questions about the legality and jurisdictional authority of the respondents' actions. The petitioners' reliance on the M. Ghulam Nabi Awan Advocate v. Government of Pakistan and others (2003 MLD 90) case was referenced, reinforcing the principle that litigants must present genuine and substantiated grievances to warrant judicial intervention. The court also critiqued the petitioners' approach, noting a lack of seriousness and insufficient groundwork, which are essential for the effective functioning of the judicial system. Such non-serious litigants, according to the judgment, burden the courts and fail to contribute positively to societal progress. The culmination of these findings led Justice Bhatti to dismiss the writ petitions, underscoring the necessity for clear, well-founded legal claims and reinforcing the judiciary's role in safeguarding constitutional mandates. This decision serves as a pivotal reference for future cases, emphasizing the importance of demonstrating genuine grievance and possessing legal standing when seeking judicial remedies. It also reiterates the limits of judicial oversight in matters where statutory and procedural protocols are not overtly breached, thereby maintaining a balance between upholding individual rights and ensuring judicial efficacy. |
| Court |
Lahore High Court
|
| Entities Involved |
District Public Safety Commission,
Public Complaints Commission, Lodhran,
Deputy Director Anti-Corruption Establishment, Bahawalpur,
Additional Director Anti-Corruption Establishment, Bahawalpur Region, Bahawalpur,
Finger Print Bureau
|
| Judges |
MUHAMMAD NAWAZ BHATTI, J
|
| Lawyers |
Malik Javed Akhtar Vains,
Mubashir Lateef Gill, A.A.-G.,
Ch. Ghulam-ud-Din Aslam,
Muhammad Ashraf, Circle Officer, A.C.E. Lodhran.
|
| Petitioners |
SULTAN SHAH
|
| Respondents |
DISTRICT PUBLIC SAFETY COMMISSION and others
|
| Citations |
2005 SLD 1426,
2005 CLC 1778
|
| Other Citations |
M. Ghulam Nabi Awan v. Government of Pakistan and 3 others 2003 MLD 90
|
| Laws Involved |
Constitution of Pakistan (1973),
Police Order, 2002
|
| Sections |
199,
44(g)
|