Constitutional Petition No.D-420 of 2018
Date Order with Signature of the Judge
For orders as to maintainability of petition
3rd April, 2018.
Mr. Abdul Latif Leghari, Advocate for petitioner.
Mr. Hakim Ali Shaikh, Additional Advocate General, Sindh.
Ms. Rahat Ahsan, Deputy Prosecutor General, Sindh.
Mr. Haroon Shah, Advocate for K-Electric
Mr. Maroof Hussain Hashmi, Advocate for respondent No.9.
M/s Masood Ahmed Shah & Ghulam Akbar, Advocates for respondent 10.
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Aftab Ahmed Gorar, J.:- Learned counsel for the petitioner submits that petitioner shall be satisfied if this petition is disposed of with directions to official respondents to act in accordance with law and provide necessary legal protection in the manner that no one shall cause harassment to the petitioner.
2. Learned Additional Advocate General, Sindh submits that State functionaries are legally bound to provide legal protection to all the citizens including the petitioner without any discrimination. He ensured that official respondents shall conduct themselves strictly in accordance with law and provide legal protection to the petitioner.
3. Perusal of memo of petition reveals that there is some civil dispute over property between the petitioner and private respondents, which cannot be looked into or considered by this Court in exercise of its jurisdiction under Article 199 of the Constitution. Invoking of Constitutional jurisdiction of the High Court instead of availing of remedy provided for under the relevant law would only be justified when the impugned order/action was palpably without jurisdiction as to force an aggrieved person in such a case to approach the forum provided under the relevant statute may not be just and proper. The extraordinary constitutional jurisdiction of this Court under Article 199 of the Constitution is equitable and discretionary and is to be exercised only where substantial rights of a party have been invaded in flagrant violation of law and which can be established without any comprehensive inquiry into the facts. In this background of case, we constrained to hold that this petition arising out of factual controversy and for want of jurisdiction cannot be entertained by this Court. The petitioner may avail remedy available under the law.
4. Since learned counsel for the petitioner seeks disposal of instant petition with directions to official respondents to act in accordance with law and provide necessary legal protection and is satisfied with the statement made by learned Additional Advocate General, Sindh in this respect, the instant petition is disposed of with directions to official respondents to conduct themselves strictly in accordance with law and provide legal protection of life, honour and property to the petitioner in the manner that no one shall cause harassment to the petitioner.
J U D G E
*Aamir/PS* J U D G E