Article 199: High Court writ jurisdiction
199
Article 199 is the basis of a writ petition in a High Court. If a government body or public office-holder acts without legal authority, or a person is held unlawfully, or a fundamental right is violated, and the law gives no other adequate remedy, the High Court can order the matter put right. Since the 26th Amendment (clause 1A), the High Court cannot act on its own initiative (suo motu) or go beyond what the application asks for. Clause (3) bars writs on the service matters of members of the armed forces. Interim orders in certain public-revenue and State-property matters lapse after six months unless extended (clause 4A), and any case in which an interim order has been made must be decided within six months (clause 4B). Since the 27th Amendment, an appeal against a High Court's Article 199 order goes to the Federal Constitutional Court, and only if that court grants leave (Art. 175F(1)(c)); rent and family cases (except guardianship) have no appeal.
What does 199 say?
199. Jurisdiction of High Court.— (1) Subject to the Constitution, a High Court may, if it is satisfied
that no other adequate remedy is provided by law,—
(a) on the application of any aggrieved party, make an order—
(i) 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
(ii) 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
(b) on the application of any person, make an order—
(i) directing that a person in custody within the territorial jurisdiction of the Court
be brought before it so that the Court may satisfy itself thathe is not being held
in custody without lawful authority or in an unlawful manner; or
(ii) 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
(c) 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.
(1A) For removal of doubt, the High Court shall not make an order or give direction or make a
declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application
filed under clause (1).
(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.
(3) An order shall not be made under clause (1) on application made by or in relation to a person who
is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of
those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service,
or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person
subject to such law.
(3A) * * * * * * *
(3B) * * * * * * *
(3C) * * * * * * *
(4) Where —
(a) an application is made to a High Court for an order under paragraph (a) or paragraph
(c) of clause (1), and
(b) the making of an interim order would have the effect of prejudicing or
interfering with the carrying out of a public work or of otherwise being harmful
to public interest or State property or of impeding the assessment or collection
of public revenues,
the Court shall not make an interim order unless the prescribed law officer has been given notice of
the application and he or any person authorised by him in that behalf has had an opportunity of being
heard and the Court, for reasons to be recorded in writing, is satisfied that the interim order —
(i) would not have such affect as aforesaid; or
(ii) would have the effect of suspending an order or proceeding which on the face
of the record is without jurisdiction.
(4A) An interim order made by a High Court on an application made to it to question the
validity or legal effect of any order made, proceeding taken or act done by any authority or person,
which has been made, taken or done or purports to have been made, taken or done under any law which
is specified in Part I of the First Schedule or relates to, or is connected with, State property or
assessment or collection of public revenues shall cease to have effect on the expiration of a period of
six months following the day on which it is made :
Provided that, for reasons to be recorded, an interim order may be extended only for a period
upto six months.
(4B) Every case in which, on an application under clause (1), the High Court has made an
interim order shall be disposed of by the High Court on merits within six months from the day on
which it is made, unless the High Court is prevented from doing so for sufficient cause to be recorded.
(5) In this Article, unless the context otherwise requires,—
“person” includes any body politic or corporate, any authority of or under the control
of the Federal Government or of a Provincial Government, and any Court or tribunal,
other than the Federal Constitutional Court or the Supreme Court, a High Court or a
Court or tribunal established under a law relating to the Armed Forces of Pakistan; and
“prescribed law officer” means —
(a) in relation to an application affecting the Federal Government or an authority of
or under the control of the Federal Government, the Attorney-General, and
(b) in any other case, the Advocate -General for the Province in which the
application is made.Which courts are involved?
- Lahore High Court
- High Court of Sindh
- Peshawar High Court
- High Court of Balochistan
- Islamabad High Court
- Federal Constitutional Court of Pakistan
- Supreme Court of Pakistan