Powers of High Court under Article 199 of the Constitution of Pakistan, 1973.

By Baran Khan.

In the Constitution of Islamic Republic of Pakistan, 1973 under Article 199 i.e. Jurisdiction of High Court, which makes the High court powerful Institution and anyone can file a case in High Court within the Jurisdiction of the High court in any province of Pakistan.  According to the Constitution of the Pakistan 1973 under Article 199 i.e. Jurisdiction of High Court which states that (1) “subject to the Constitution a High Court may, if it is satisfied that no other adequate remedy is provided by law. Clause (a) which states that on the application of any aggrieved party, make an order.” Its mean the High Court have the power or right or capacity to bring an action or to provide remedy to the applicant under this Article in Court (locus standi).

Further, there are five (5) types of Writs which come in under Article 199. Now first we should know what a Writ itself is? The Writ basically mean ‘order of the court’. According to Article 199 in clause 1 (a) in the sub-clause (1) which states that “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; or.” Its mean in this sub-clause 1 there is a Writ of ‘Prohibito’. Now the word Prohibito came from a Latin word which means ‘to stop’.  The High Court may issue the Writ of Prohibito to an authority which is doing his/her work without holding Jurisdiction. It is issued by High Court or Supreme Court to any inferior court to prohibit their proceeding on special case.

Furthermore under Article 199 sub-clause 2 of clause 1(a) which states that “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; or.” Its mean the Writ of ‘Mandamus’ which is drives from a Latin word which mean ‘we command’. The Writ of Mandamus can be issued by High Court the purpose of Writ it to keep the Public authorities with in their limit, their power or Jurisdiction. Mean the authority should work within their prescribe limit of power and authority

Moreover, the Writ of ‘Certiorari’ came from a Latin word which means ‘to be certified’. The Writ of Certiorari made for to stop or prevent the excess of power by public authorities i.e. police etc. the authorities may use their power in a good manner and purpose  and do not violate the right of civilians by his/her authority  

According Article 199 under clause 1 sub-clause (b) which stay that “‘on the application of any person, make an order’ and the b (1) states that “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; or”. The Writ of ‘Habeas Corpus’ drives from a Latin word which means to ‘to produce the body or you may have the body’. The function of this Writ is that on what authority you take off the person, whether in prison or in private custody. For carry off the person you should have valid reason without a reason you cannot carry off him also without a warrant.

Beside this under Article 199 in clause b sub-clause 2 which states that “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 ; or”. In this the Writ of ‘Quo-Warranto’ which came from Latin word which means ‘what is your authority or by what warrants’. The main purpose of Quo-Warranto is that under what authority a person can hold an office. Means without an authority person using any other person’s authority then the High Court can issue the writ of Quo-Warranto, that such person do not work beyond his/her authorities or jurisdiction.

Hence, these all five Writs can be issued by High Court under Article 199. Moving more into Article 199 of the Pakistan constitution according to clause (C) which states that “on the application of any aggrieved person, make an order giving such directions to 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.” According to this clause High Court have power and can enforce any of Fundamental Rights which are or would be violated, under Article 199.

Further, in clause (2) of the Article 199 which states that “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.” Its means if any of the Fundamental Rights are violated then the citizens have right to file a case direct to High Court under Article 199.

According to clause (3) of Article 199, the clause (1) cannot be applied on the armed force or any other kind of forces, because the army have their own Military Court.

According the Article 199, under clause (4) which means that if an application is made to a High Court for an order which comes in under paragraph (a) or (c) of clause (1). Further it say that if the order will passes then it will be only interim order (limited time period), because if it would for a longer period of time then it will affect the public work or public interest or state property or collection of public revenues.

Moreover, according to clause (4B) of the Article 199 which means that if a High Court issued an interim order, then within the six months High court should take a final decision. Because otherwise the importance of the interim order will be futile or serve no purpose.

The Article 199 gives many powers and original jurisdiction to the High Courts as we discussed above.