NASIM HUSSAIN vs GENERAL MANAGER, MANGLA DAM and others
This petition for leave to appeal was filed by the petitioner, appearing in person, against an order of the Lahore High Court which had dismissed his constitutional petition. The matter originated from a service-related dispute concerning the petitioner's seniority, which was initially litigated before the Sub-Judge, Mirpur, and subsequently pursued through appellate forums in Azad Jammu & Kashmir, culminating in an unsuccessful appeal before the Supreme Court of Azad Jammu & Kashmir. Following these adverse outcomes, the petitioner sought relief by invoking the constitutional jurisdiction of the Lahore High Court, which was also dismissed. Upon review, the Supreme Court of Pakistan addressed the threshold issue of jurisdiction. The Court held that it lacked the necessary jurisdiction to entertain the petition, as the underlying dispute had already been adjudicated by the courts of Azad Jammu & Kashmir, and the constitutional petition before the Lahore High Court was not maintainable in this context. Consequently, the petition was dismissed for lack of jurisdiction, rendering the merits of the petitioner's case unexaminable by the Court.
- Does the Supreme Court of Pakistan have jurisdiction to entertain a petition where the underlying dispute has been adjudicated by the courts of Azad Jammu & Kashmir?
- Can the merits of a case be examined by the Supreme Court if the Court lacks the necessary jurisdiction to entertain the petition?
ORDER
1. ' GHULAM MUJADDID, J.--This petition for leave to appeal by Nasim Hussain resident of village Dhok Awan, District Jhelum, is barred by thirteen days.
2. ' The petitioner is not represented by a counsel. He is appearing in person. We, therefore, condoned the delay and called upon him to address us.
3. ' We have heard him at some length. The main obstacle in his way is the question of jurisdiction. He started with the merits of the case. Those can only be examined provided the Court has the necessary jurisdiction.
4. ' In the instant case the petitioner invoked the jurisdiction of the Sub-Judge, Mirpur. It was in his Court that he filed a suit for declaration with consequential relief concerning his seniority vis-a-vis others. The suit was dismissed on 31-1-1978.
5. ' The petitioner remained unsuccessful throughout. He lost his appeal before the District Judge; failed before the High Court of Azad. Jammu & Kashmir and finally before the Hon'ble Supreme Court of Azad Jammu & Kashmir.
6. ' It was thereafter that he invoked the Constitutional jurisdiction of the Lahore High Court but his petition was dismissed by a learned Judge of that Court. Then he filed appeal. He met the same fate by order dated 23-2-1987 which has been impugned in this petition.
7. We have no jurisdiction to entertain this petition. Therefore, we cannot help the petitioner. This petition, as such, has to, e dismissed.
8. ' Order accordingly.