Haji GUL AHMED vs CITY DISTRICT GOVERNMENT, KARACHI through CITY
This matter arose from a petition for leave to appeal challenging an order of the High Court of Sindh, which dismissed the petitioner's constitutional petition with costs of Rs. 10,000 as a waste of court time. The petitioner had sought directions against the local government to close offices of palmists and spiritual healers allegedly operating on public properties and acting contrary to Islamic teachings. The core legal questions pertained to whether constitutional jurisdiction under Article 199 can be invoked to issue general directions against public encroachments or to curb alleged un-Islamic practices. The Supreme Court held that no definite findings could be rendered in constitutional jurisdiction on such issues, noting that administrative authorities are already legally empowered to remove encroachments without judicial mandates. Regarding practices claimed to be un-Islamic, the Court observed that these require public education and awareness rather than judicial orders. Consequently, the Supreme Court modified the High Court's order by waiving the Rs. 10,000 costs while dismissing the petition with those observations.
- Can the High Court in constitutional jurisdiction issue general directions to authorities to perform routine duties like removing encroachments?
- Whether general allegations of un-Islamic practices can be adjudicated under constitutional jurisdiction?
- Can costs imposed by the High Court for wasting judicial time be waived by the Supreme Court on appeal?
- Article 199, Constitution of Pakistan 1973
ORDER
NAZIM HUSSAIN SIDDIQUI, C.J.---Petitioner Haji Gul Ahmed has impugned the order dated 13-12- 2002 of a learned Division Bench, High Court of Sindh, Karachi where Constitution Petition No,D1994/2002 was dismissed as follows:-- "This petition is only intended to waste Court's time. It is dismissed along with the pending application with costs of Rs,10.000."
2. In the Constitution Petition filed before High Court, the petitioner, inter alia, prayed that the City Nazim, Karachi be directed to make arrangements to close the "offices" of Amils/Palmists/Rohani doctors illegally established at the public places/Government properties in the city. According to the petitioner, the amils/Palmists/Rohani doctors are looting the innocent people, claiming "Ilam- e-Ghaib" and are working against the teachings of Islam.
3. Heard the petitioner.
4. No definite finding in the exercise of Constitutional jurisdiction could be given on the issues raised in the petition. As far as encroachments over and illegal occupation of the public places/Government properties is concerned, the concerned authorities are amply empowered to take necessary steps according to law and need no direction from any Court in that regard.
5. As to the practices. Which the petitioner considers against the Islamic teachings. Primarily it requires to educate the people, raise their awareness level and inculcate in them the real spirit of Islam by combined efforts of the nation.
6. Cost of Rs,10,000 imposed upon the petitioner by High Court through the impugned order is waived. With the above observations and the modification in the impugned order.The petition is
Cited by 2 cases
- ABDUL JABBAR vs THE STATE 2011 YLR 2169
- ABDUL JABBAR vs STATE PLJ 2012 Cr.C. (Quetta) 226