The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Per Ajmal Mian, J.

(a) Constitution of Pakistan (1973), Articles 187, 199 & 14:

    Articles 187(1) & 199 read with Article 184(3) — Power of Supreme Court under Articles 184(3) & 187 has been conferred with the power to entertain a petition under Article 184(3) of the Constitution directly if the following two conditions are fulfilled :-

(i)   The case involves a question of public importance; and
(ii) The question so involved pertains to the enforcement of any of the Fundamental Rights contained in Chapter I of Part II of the Constitution.

 If the above two conditions are met, provision of Article 184(3) of the Constitution confers power on the Supreme Coaurt to make an order of the nature mentioned in Article 199 of the Constitution. Scope of Article 199, which confers jurisdiction on the High Courts, is much wider than the jurisdiction conferred on the Supreme Court under Article 184(3) of the Constitution inasmuch as a High Court not only can enforce a Fundamental Right under clause (2) of Article 199, but can also pass an appropriate order in the matters covered by sub-clauses (a) and (b) of clause (1) of Article 199 of the Constitution. [p. 636] E

    High Court, while passing an appropriate order for the enforcement of Fundamental Rights or under the sub-clauses (a) and (b) of clause (1) of Article 199 of the Constitution, is not required to go into the question, whether the case involves a question of public importance and, secondly, under sub-clauses (a) and (b) of clause (1) of Article 199, it is not necessary that the impugned action must be relatable to the enforcement of Fundamental Rights.

    The Supreme Court as the appellate Court against the judgments of the High Courts, irrespective of the fact jthat they may have arisen out of the exercise of Constitutional jurisdiction by the High Court or any other jurisdiction has been conferred more power than the High Courts as under Article 187(1) of the Constitution, it has power to issue such directions, orders, or decrees as may be necessary for doing complete justice in any matter pending before it. [p.637] F

    Article 14 read with Article 184(3) — Constitutional petition before Supreme Court — Maintainability — Provision in the scheme for loan of 90 per cent of the cost of vehicle booked by an express undertaking by the nationalised Bank concerned could not be enforced under Article 184(3) of the Constitution for the alleged breach on the part of Goverenment and the named nationalised Banks, did not violate the dignity or the privacy of house of the petitioners as mentioned in Article 14 of the Constitution of Pakistan. [p. 639] J