Mrs. FARZANA KAMRAN vs DISTRICT MAGISTRATE, GUJRAT and 2 others
This matter came before the Supreme Court of Pakistan as an appeal against a judgment of the High Court, which had declined to exercise its writ jurisdiction regarding a grievance raised by the petitioner, Mrs. Farzana Kamran. The core legal question before the Supreme Court was whether the High Court was justified in refusing to interfere in the matter under its constitutional writ jurisdiction. Upon careful examination of the records and the High Court's judgment, the Supreme Court found no evidence of mala fides or any jurisdictional defect in the proceedings below. The Court held that the High Court correctly declined to exercise its extraordinary jurisdiction because the petitioner had an adequate and specific remedy available under the relevant statute to seek the desired relief. Consequently, the Supreme Court upheld the High Court's decision, affirming that writ jurisdiction is not to be invoked when alternative, adequate statutory remedies exist and when the impugned order does not suffer from legal infirmity or bad faith. The petition was accordingly dismissed, maintaining the principle of judicial restraint in constitutional matters.
- Is the High Court's refusal to exercise writ jurisdiction justified when an adequate alternative statutory remedy is available to the petitioner?
- Does the absence of mala fides or jurisdictional defect preclude interference by the Supreme Court in a matter previously decided by the High Court?
ORDER
1. ' NASIM HASAN SHAH, ACTG. C.J.---Learned counsel for the parties have been heard.
2. ' Records perused and the well-considered judgment delivered by the High Court in the matter, carefully examined.
3. As no mala fides or any jurisdictional defect is found to exist, it is not a fit case for interference in writ jurisdiction and the specific remedy provided in the relevant statute is adquate for obtaining the desired relief by the petitioner. Accordingly, the judgment of the High Court refusing to interfere in this matter requires no interference.