30.5.2011 Mr. Muhammad Shahzad Shaukat, Advocate for the ...

W.P. No.11608/2011 4
constitutional jurisdiction of this Court by abandoning or
bypassing the statutory remedy without reasonable cause as
held in case titled “Wealth Tax Officer vs Shaukat Afzal and
others (1993 SCMR 1810). It has been held by the Full Bench of
this Court in the case of Sheikh Rashid Ahmad vs D.M
Rawalpindi etc (PLJ 2004 Lahore 1221 (FB), as under:-
“Article 199 of the Constitution of Islamic Republic
of Pakistan, 1973 provides an extraordinary
remedy to the aggrieved person of invoking the
Constitutional jurisdiction of the High Court with the
underlying purpose to keep the administrative and
judicial authorities within the bounds of their
jurisdiction. When the law provides a remedy to
another authority fully competent to give relief,
any indulgence to the contrary by the High Court
is likely to produce a sense of distrust in those
authorities and to cast an undeserved reflection
on their integrity and competency and would
defeat the legislative intent.”
In view of the above preposition of law, it is not
deemed appropriate to allow direct entertainment of the writ
petition without availing the alternative remedy of preferring
representation before the Secretary to Government of the
Punjab, Home Department. For the reasons stated above, this
petition is dismissed. The petitioner/detenu may, if so desire,
prefer a representation before the Secretary to the
Government of the Punjab, Home Department, Lahore, in