1. The Supreme Court and High Courts: Constitutional Jurisdiction

2. A. 199: Original Jurisdiction of the High Courts
versus
Appellate Jurisdiction

3. A. 199: Writ Jurisdiction Prerogative writs Kinds of writs:
Writ of prohibition
Writ of certiorari
Writ of habeaus corpus
Writ of mandamus
Writ of quo warranto

4. Writ of prohibition Writ of certiorari Writ of habeaus corpus
issued by a higher court to a lower court/quasi-judicial body prohibiting it from taking up a case
Writ of certiorari
issued to a lower court or authorities performing quasi-judicial functions directing that the record of a case be sent up for review, together with all supporting files, evidence and documents, usually with the intention of overruling the judgement of the lower court
Writ of habeaus corpus
issued to a detaining authority, ordering the detainer to produce the detained person in the issuing court, along with the cause of his or her detention
Writ of mandamus
issued to a subordinate court, an officer of government, or a corporation or other institution to carry out a 'public duty’ or to refrain from doing a specific act
Writ of quo warranto
issued against a person who claims or usurps a public office. Through this writ the court inquires 'by what authority' the person supports his or her claim.

5. A. 199: Maintainability of a writ
Situation I – A. 199(1)(a):
On the application of an aggrieved party against an entity performing functions in connection with the affairs of the Federation
Nature of Orders
i) writs of mandamus and prohibition
“directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do;”
(ii) writ of certiori covered within but somewhat broader
“declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect;”

6. Situation II: A. 199(1)(b) :
On the application made by any person against an entity performing functions in connection with the affairs of the Federation
Nature or orders:
i) habeas corpus
“directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner”
(ii) quo warranto
“requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office”

7. Situation III: A. 199(1)(c): On the application of an aggrieved party against any person/authority/Government for the enforcement of FR provided in Part II, Chapter I
“any person or authority, including any Government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II.”

8. Who can apply u/A. 199? Locus standi
Aggrieved Party (A. 199(1)(a) & A. 199(1)(c))
A person or party can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to perform relating to that right. This would include individuals who have a legitimate interest in the performance of a function by a state body. The applicant has to demonstrate the existence/infringement of a legal/justiciable right which may be statutory or recognised by law.
An aggrieved may apply for the following: writs of mandamus, certiori or prohibition and any appropriate order for the enforcement of Fundamental Rights.  
Any person
Any person may apply for the following: writs of habeas corpus and quo-warranto

9. Against whom can an action u/A 199 be brought?
person performing the functions of the Federation, Province or local authority
executive, administrative, judicial functions
Company performing sovereign functions, exercising public power, controlled by govt. or funded by it

10. Other aspects of HCs jurisdiction u/A. 199
Unavailability of an adequate alternate remedy
Petition not to entail detailed factual inquiry
HCs not to exercise suo moto powers
Nature of Relief
writs
HC has the prerogative to mould relief according to circumstances
interim relief
Protection accorded to writ jurisdiction of the HCs (A. 199(2))
Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged.

11. Limitations on the operation of writ jurisdiction
The HCs are prohibited from making orders that relate to the terms and conditions of service of a member of the Armed Forces. (A. 199(3))
The HCs cannot pass an interim order where such order would have the effect of prejudicing/interfering with a public work, is harmful to public interest (or State Property) or hampers the collection of public revenues, except where (A. 199(4))

12. Particularised nature of A. 199
Quick dispensation of justice
Relaxed/less formal procedure
No limitation period
essential feature of maintenance of the “rule of law”
Writ is NOT an appeal

13. Other aspects of the jurisdiction of the High Courts
Binding nature of HC decisions: Decision of the HCs on a question of law or a principle of law, is binding on all courts subordinate to it (A. 201)
HC’s authority to enact/make own rules of procedure (A. 202)
Lahore High Court Rules & Orders – provided for in 4 volumes
HC’s power of superintendence – (A. 203)
High Court had the power to supervise and control subordinate courts

14. Constitutional Jurisdiction of the Supreme Court
Original Jurisdiction (A. 184)
Advisory Jurisdiction (A. 186)

15. A. 184 – Original Jurisdiction of the SC
The SC can exercise original jurisdiction in the two following instances:
Dispute between two Governments (A. 184(1))
Dispute here relates to a dispute b/w the Federal Government and the Provincial Government
The SC here can only provide “declaratory judgments”
Matter related to the enforcement of FR (A. 184(3))

16. A. 184(3): Supreme Court with regard to “Fundamental Rights”
“matter of public importance” PLD 1988 SC 416 Benazir Bhutto v Federation of Pakistan
“In order o acquire public importance, the case must obviously raise a question which is of interest to, or affects the whole body of people or an entire community. In other words, case must be such as gives rise to questions affecting the legal rights or liabilities of the public or the community at large, even though the individual, who is the subject- matter of the case, may be of no particular consequence.”
with regard to “Fundamental Rights”
SC can make an order in the nature of an order than can be made by the HC

17. Difference b/w A. 184(3) and A. 199
requirement of “public importance”
No Locus standi requirement
A. 184(3) does not require the presence of an “aggrieved party”
Ms. Benazir Bhutto v. Federation of Pakistan (PLD 1988 SC 416) “This is what public interest litigation seeks to achieve as it goes further to relax the rule on locus standi so as to include a person who bona fide makes an application for the violation of any constitutional right of a determined class of persons whose grievances go unnoticed and un-redressed. The initiation of the proceedings in this manner will be in aid of the meaningful protection of the rule of law given to the citizens by Article 4 of the Constitution, that is, "(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan. ..." [the World Peace Through Law Conference at Lagos in 1961]”
basis of suo moto
no requirement of exhaustion of an alternate remedy

18. Advisory Jurisdiction of the SC (A. 186)
President to apply to SC to obtain an opinion of the SC on any question of law which he considers of public importance
The SC provides an opinion on such point

19. Other constitutional powers of the SC
Power to transfer cases (A. 186A)
cases pending in the HC may in the interest of justice to transferred to another HC
Power to issue directions (A. 187)
SC can issue any direction, order or decree for the purpose of doing complete justice in a case that comes before it
Power to review its own judgments (A. 188)
Power to make rules regulating procedure and practice in the SC (A. 191)
Pakistan Supreme Court Rules, 1980

20. Binding nature of SC decisions: Decision of the HCs on a question of law or a principle of law, is binding on all courts subordinate to it (A. 189)
In aid of the SC: All executive and judicial authorities through out Pakistan shall act in aid of the Supreme Court. (A. 190)

21. Public interest litigation?
Litigation aimed to facilitate social justice for poor and underprivileged individuals and groups as well as for classes of people who suffer from state oppression and are generally unable to pursue their claims through the formal justice system
Defining element is “access to justice”

22. Forms of PIL suo moto cases Human Rights cases
of its own accord
Human Rights cases
complaints letters converted into petitions
letters/complaints in HRC
(TOTAL OF 201,450 complaintsin the HRC from )
Constitutional Petitions filed on behalf of individuals/groups/organizations
A. 184(3)