| Case ID |
e8fdacd6-2aaa-47a4-9c78-702758e48885 |
| Body |
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| Case Number |
Writ Petition No.2884 of 1987 |
| Decision Date |
Oct 19, 2000 |
| Hearing Date |
Oct 19, 2000 |
| Decision |
The Lahore High Court dismissed the petition for the quashment of the FIR under Article 199 of the Constitution, emphasizing the principle of consistency. The court held that it lacked jurisdiction to quash the FIR, having previously refused to do so in another case. The petitioner had alternate remedies available under the Punjab Local Government Ordinance, 1979, and the court could not resolve disputed questions of fact in constitutional jurisdiction. The petitioner's claims regarding mala fide actions by the Commissioner were also rejected, affirming that the proper procedures were followed in initiating the inquiry against him. |
| Summary |
In the case of Writ Petition No.2884 of 1987, the Lahore High Court examined the legality of the FIR registered against the petitioner, Mian Muhammad Yousuf, a municipal councillor. The court ruled that the FIR could not be quashed under Article 199 of the Constitution as the High Court had no jurisdiction to overturn its previous decisions on similar matters, adhering to the principle of consistency in law. The court highlighted that the petitioner had available remedies under the Punjab Local Government Ordinance, thus the petition was found to be not maintainable. The court also discussed the procedural integrity of the inquiry initiated by the Commissioner and the roles of the involved parties, ultimately dismissing the petition. This case underscores important aspects of jurisdiction, the maintainability of constitutional petitions, and the principle of consistency in judicial decisions, making it a significant reference point for future cases involving similar legal questions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMAD, J.
|
| Lawyers |
Not available
|
| Petitioners |
Mian MUHAMMAD YOUSUF
|
| Respondents |
THE COMMISSIONER, FAISALABAD DIVISION, FAISALABAD and 3 others
|
| Citations |
2001 SLD 1745,
2001 PLD 22
|
| Other Citations |
Brig. Imtiaz's case 1994 SCMR 2142,
Kh. Nazir Ahmad's case AIR 1945 PC 18,
Shahnaz Begum's case PLD 1971 SC 677,
Muhammad Ramzan's case 1998 P Cr. L J 828,
Muhammad Muzafar Khan's case PLD 1959 SC 9,
Yousaf Ali's case PLD 1958 SC 104,
Ghulam Mustafa Khar's case PLD 1989 SC 26,
Muhammad Sharif's case PLD 1997 Lah. 692,
Sh. Anwar ul Haq's case 2000 PCr.LJ 1644,
The Collector of Customs case PLD 1999 Pesh. 33,
Abdul Latif's case 1981 SCMR 1101,
Mirza Muhammad Iqbal's case PLD 1999 Lah. 109,
PLD 1993 Pesh. 33
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973),
Punjab Local Government Ordinance (VI of 1979)
|
| Sections |
154,
199,
158
|