| Case ID |
3a5cfe23-9f2a-4211-9571-96c31f5b46d1 |
| Body |
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| Case Number |
Writ Petition No. 20872 of 2001 |
| Decision Date |
Jun 17, 2004 |
| Hearing Date |
Jun 17, 2004 |
| Decision |
The Lahore High Court dismissed the petition filed by the petitioner, Aslam Hassan Qureshi, primarily on the grounds that he had an adequate alternative remedy available under Section 41-C of the Banking Companies Ordinance, 1962. The court emphasized that the petitioner must first exhaust the statutory remedy before seeking relief through constitutional jurisdiction under Article 199 of the Constitution of Pakistan. The court noted that the issues raised by the petitioner involved disputed questions of fact, which are not typically addressed in constitutional petitions. Consequently, the High Court directed the petitioner to pursue the appeal process available under the law, thereby reinforcing the principle that alternative remedies should be utilized prior to invoking constitutional relief. |
| Summary |
In the Lahore High Court case Writ Petition No. 20872 of 2001, the petitioner, Aslam Hassan Qureshi, challenged the actions taken against him by the Governor of the State Bank of Pakistan under the Banking Companies Ordinance, 1962. The case revolved around the removal of managerial personnel from banking institutions and the constitutional jurisdiction over such matters. The court ruled that the petitioner had a clear alternative remedy under Section 41-C of the Banking Companies Ordinance, which mandates that appeals against the Governor's decisions be taken to the Central Board of Directors. The High Court further highlighted that constitutional petitions are not the appropriate forum for resolving factual disputes, and as such, the petition was dismissed. This case underscores the importance of adhering to the legal framework provided for dispute resolution in banking matters, emphasizing the judiciary's commitment to maintaining the integrity of financial institutions. The decision serves as a crucial precedent for future cases involving the Banking Companies Ordinance and constitutional jurisdiction, reinforcing the need for petitioners to pursue statutory remedies before seeking relief through the courts. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMAD, JUSTICE
|
| Lawyers |
Muhammad Ahmad Qayyum,
Omer Soomro,
Nauman Akram Raja,
Danishwar Malik
|
| Petitioners |
Aslam Hassan Qureshi
|
| Respondents |
Respondents Nos. 1 and 2,
Governor, State Bank of Pakistan,
Respondents Nos. 3 to 5
|
| Citations |
2004 SLD 684 = 2004 CLD 1407
|
| Other Citations |
Drug Inspector v. F. A. Zuberi and others 1986 CLC 2197,
Tariq Transport Company v. Bhera Bus Service Sargodha PLD 1958 SC (Pak) 437,
Imtiaz Ahmad v. Ghulam Ali PLD 1963 SC 382,
Anjuman Arhtian Khanpur v. Province of Punjab PLD 1990 Lah.32,
Ch. Muhammad Sadiq v. Muhammad Nawaz 1980 CLC 952,
Messrs Punjab Club v. EOABI 1991 PLC 72,
Postmaster General v. Custodian Evacuee Property Sindh 1990 CLC 861,
M. Hashim v. Provincial Election Authority 1985 SCMR 1338,
Nawab Syed Raunaq Ali's case PLD 1973 SC 236,
Aslam Trader's case 2000 SCMR 65
|
| Laws Involved |
Banking Companies Ordinance, 1962,
Constitution of Pakistan (1973)
|
| Sections |
41-A,
41-C,
199
|