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restricted in their meanings and application that they did not meet the needs
of the developing and complex society of the present times.
The term
(ii)
unlawful manner; or
requiring a person in the province holding or purporting to hold a
public office to show under what authority of law he claims to
hold that office.
(c) On the application of any aggrieved person, make an order giving such
directions to any person or authority including any Government
exercising any power or performing any function is or in relation to, any
territory within the jurisdiction of the court as may be appropriate for
the enforcement of any of the Fundamental Rights.
Subject to the constitution, the right to move a High Court for the
enforcement of the Fundamental Rights cannot be abridged.
It is clear from this provision that the High Court has the power to issue
orders in five kinds of cases.
1. Where a public servant or office has done something which he is
not permitted by law to do or has failed to do that which he is
required by law to do.
2. Any act done or proceeding taken by a person without lawful
authority.
3. He has held someone in custody without lawful authority or in an
unlawful manner.
2.
writs or orders of the High Courts. Their jurisdiction has been expressly
3.
person, employed in the Civil Services of Pakistan in respect of the terms and
conditions of his service, except when he is dismissed by a subordinate
authority other than the appointing authority or when he is dismissed
without showing of the action taken against him. This provision is made to
ensure efficiency and discipline in the Civil Service of Pakistan.
Under Article 199 of the Constitution, there provisions are commonly
known as writs:(1)Mandamus,
(2)
person can
file writ petition.
Certiorari, (To set aside illegal/unconstitutional order that has
been
(3)
writ petition.
Prohibitions,
passed).
Stay
or
any
other
Objectives of Writs
a. To maintain supremacy of the Constitution.
b. To establish Rule of Law.
of the people.
To control abuse of power in order to control authorities.
To control the abuse of discretionary powers.
To maintain independence of judiciary.
To protect and enforce fundamental rights.
Expeditious and inexpensive justice.
Case Law
authority.
3.
Writ can be field against Public Functionary for his
official actions.
Aggrieved party approaches to the court in Quo-warranto,
Mandamus, Prohibition and Certiorari.
Case Law
N.P. PONNUSWAMI
P L D 1973 SC 49
P L D 1977 SC 397
STATE
FEDERATION
OTHERS
OF
PAKISTAN
P L D 1977 SC 657
CHIEF
OF
ARMY
STAFF
FEDERATION OF PAKISTAN
AND
P L D 1988 SC 416
BENAZIR BHUTTO
FEDERATION
OTHERS
AND
OF
PAKISTAN
STATE
NATIONAL
INDUSTRIAL
COOPERATIVE CREDIT CORPORATION PROVINCE OF PUNJAB AND ANOTHER
AND ANOTHER
P L D 1996 KARACHI 1
ARDESHIR
OTHERS
COWASJEE
AND
10
KARACHI
BUILDING
CONTROL
AUTHORITY (KMC), KARACHI AND 4
OTHERS
FEDERATION
OTHERS
OF
PAKISTAN
AND
P L D 2005 SC 806
SHEHZAD RIAZ
MUHAMMAD
AND
AHMAD
GOVERNMENT OF PAKISTAN THROUGH
(CORPORATE AND TAX COUNSEL)
SECRETARY HOME AND 6 OTHERS
THROUGH MUHAMMAD AZHAR
P L D 2009 SC 644
FEDERATION
OTHERS
OF
PAKISTAN
..