MUHAMMAD MUSHTAQ Versus FEDERATION OF PAKISTAN

ORDER

1. MUHAMMAD AFZAL ZULLAH, CJ.‑‑‑ The dismissal by a High Court of petitioner's Constitutional (Writ) Petition has been brought under challenge.

2. The learned counsel admits that the High Court was right in observing that the Writ Petition was barred by Sub‑Article (3) of Article 199 of the Constitution; but he argued that the plea raised before the High Court being one based on fundamental rights guaranteed by the Constitution, the bar under Article 199(3) could have been ignored by the High Court.

3. The High Court was approached under Article 199 for grant of a relief under Sub‑Article (1) thereof. The relief regarding Fundamental Rights is included in Sub‑Article (1); which is clearly barred under Article 199 (3) with reference to Sub‑Article (1) thereof. The High Court had no jurisdiction in the matter. Hence the impugned order cannot be assailed on the ground that the High Court failed to exercise a jurisdiction vested in it without any legal justification. Thus leave to appeal is refused.

4. A.A./M‑1980/S Leave refused.