HAIDER MUKHTAR and others vs GOVERNMENT OF PUNJAB and others
The petitioners filed constitutional writ petitions before the Lahore High Court concerning properties vesting in the Evacuee Trust Property Board, which involved a pending dispute between the Provincial Government and the Federal Government. The core legal question was whether the High Court retained jurisdiction to adjudicate these matters and whether private third parties could maintain writ petitions when the underlying dispute falls within the exclusive original jurisdiction of the Supreme Court under Article 184(1) of the Constitution. The Court held that it lacked jurisdiction to entertain the petitions because the Supreme Court possesses exclusive jurisdiction over inter-governmental disputes under Article 184(1), and private parties cannot invoke the High Court's constitutional jurisdiction to adjudicate matters connected to such a dispute, as settled in precedent. Consequently, the writ petitions were dismissed.
- Does the High Court have jurisdiction to adjudicate writ petitions when the underlying dispute is subject to the exclusive original jurisdiction of the Supreme Court under Article 184(1) of the Constitution?
- Can private third parties invoke the constitutional jurisdiction of the High Court for adjudication of a matter involving a dispute under Article 184(1) of the Constitution of Islamic Republic of Pakistan 1973?
- Article 184(1), Constitution of Islamic Republic of Pakistan 1973
ORDER
' The learned Senior Additional Advocate General has placed on record a constitutional petition filed by the provincial government under Article 184(1) of the Constitution of Islamic Republic of Pakistan, 1973 before the Hon'ble Supreme Court of Pakistan. Through the petition, the Government of Punjab is seeking resolution of its dispute with the Federal Government with respect to status of and for the transfer of properties vesting in Evacuee Trust Property Board to the Provincial Government. It is clear from the provisions of Article 184(1) ibid that on the dispute raised by the provincial government, the Hon'ble Supreme Court of Pakistan has exclusive jurisdiction.
2. In the instant and connected writ petitions pending before us, the questions raised depend upon the resolution of the dispute referred to the Hon'ble Supreme Court of Pakistan by the provincial government. Since A the High Court does not have jurisdiction with respect to resolution of the dispute, therefore, any questions collateral thereto, should also not be decided by this Court.
3. Another question raised is whether private third parties affected by the dispute can maintain their petitions for relief before this Court. That proposition has been addressed by a Full Bench of this Court in Khalid Mahmood and others v. Federation of Pakistan through Secretary, Ministry of Finance, Islamabad and 74 others (PLD 2003 Lahore 629). According to the said judgment, a private party cannot matter that involves a dispute under Article 184(1) of the Constitution of invoke the constitutional jurisdiction of this Court for adjudication in a Islamic Republic of Pakistan.
1973.
4. In view of the foregoing and following the rule contained in Article 184(1) of the Constitution of Islamic Republic of Pakistan, 1973, we decline to hear and adjudicate the controversies raised in the instant and connected writ petitions on the ground that we lack jurisdiction to do so owing to pendency of the aforenoted constitutional petition filed by the provincial government against the Federal Government before the Hon'ble Supreme Court.
5. These petitions are accordingly dismissed.
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