HASAM-UL-HAQ vs FEDERATION OF PAKISTAN and others
This matter arises from a constitutional petition filed under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973, challenging the alleged detention of Dr. A.Q. Khan at his residence, alongside a subsequent miscellaneous application filed by the petitioner seeking withdrawal of the petition upon instructions. The core legal question concerned whether the constitutional petition could be withdrawn and whether the petitioner possessed the requisite locus standi, given that the detained person stated the petition was filed without his knowledge or consent. The Supreme Court of Pakistan held that since the petitioner sought to withdraw the petition, the application was allowed and the main petition was dismissed as withdrawn. The Court observed that filing a constitutional petition without the instructions or knowledge of the aggrieved party lacks bona fides and locus standi, thereby establishing that public interest or habeas-style petitions cannot be prosecuted without proper authorization from the affected individual.
- Can a constitutional petition filed under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973 be permitted to be withdrawn upon the request of the petitioner?
- Does a petitioner have locus standi to file a constitutional petition regarding the detention of an individual without the knowledge, consent, or instructions of that individual?
- Article 184(3), Constitution of Islamic Republic of Pakistan, 1973
ORDER
' MUHAMMAD NAWAZ ABBASI, J.--- Hasam-ul-Haq, petitioner in Constitutional Petition No,2 of 2004, through which he challenged the alleged detention of Dr. A.Q. Khan at his residence, has moved a Miscellaneous Application (C.M.A. No,3198 of 2004) for withdrawal of the said petition. The petitioner has stated in this C.M.A. That he has the instructions from Dr.A.Q. Khan not to press the matter before the Court and thus, learned counsel for the petitioner has requested for the disposal of main petition as withdrawn.. The learned Attorney General for Pakistan states that he has no objection to the disposal of main petition as withdrawn. However, we for our satisfaction, deem it proper in the interest of justice, to depute the Registrar of this Court to visit Dr. A.Q. Khan in order to verify his health condition and the arrangements of his medical treatment and submit report.
2. The Registrar of this Court, under the direction of the Court, has visited Dr. A.Q. Khan at his residence today and submitted the report marked "A", as under:-- "I was directed today by the Court to visit Mr. Abdul Qadeer Khan and inquire from him about his health and whether he is being looked after by the doctors of his choice.
(2) In compliance with the order of the Court, I visited Mr. Abdul Qadeer Khan at his residence in E- 7, Mr. Abdul Qadeer Khan told me that he is being looked after by the same doctors who were looking after him during his service. He also told that he has no complaint in this regard and that the petition filed in the Court was without his consent or knowledge.
(Sd.) M.A. Farooqi, Registrar 10-11-2004."
3. This is sad that the Constitution petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been filed by the petitioner without the instructions and knowledge of Dr. A.Q. Khan or any of his relative. The Constitution petition seems to be lacking bona fide and locus standi of the petitioner. Be that as it may, since the petitioner wants to withdraw the main petition, therefore, the C.M.A. Is allowed and main petition is dismissed as withdrawn.
Petition withdrawn.
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