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JUDICIAL ACTIVISM PANEL versus GOVERNMENT OF THE PAKISTAN

r Article 199 ? Constitutional Jurisdiction of the High Court - Public interest litigation ?? Constitutional petition relating to public interest litigation, withdrawal of jurisdiction - Such petition may be withdrawn only with the permission of the court. Because it was not a dominant ruler, and in such an application, the applicant had no right to withdraw the constitutional request of his choice. [P 589] A

PLD 2017 Lahore 588

Before Syed Mansoor Ali , J

JUDICIAL ACTIVISM PANEL—Petitioner

versus

GOVERNMENT OF THE PAKISTAN and others—Respondents

Writ Petition No.32328 of 2014, decided on 28th April, 2017.

(a) Constitution of Pakistan—

—Art. 199—Constitutional jurisdiction of High Court—Public interest litigation—Constitutional petition pertaining to Public Interest Litigation, withdrawal of—Scope—Such petition could only be withdrawn with the permission of the Court as it was not a dominus litis, and the petitioner in such a petition, had no right to withdraw the Constitutional petition on his/her sweet will. [p. 589] A

AIR 1988 SC 2211; S.P. Anand v. H.D. Dewe Gowda AIR 1997 SC 272 and Muhammad Alam and others v. Planning and Development Department, Government of Balochistan through Additional Chef Secretary and others PLD 2014 Bal. 1 rel.

(b) Words and phrases—

—"Dominus Litis"—Meaning—"Dominus Litis" was a person to whom a suit belongs and also meant "master of a suit"; and was a person who had real interest in the decision of a case. [p. 589] B

Mohammad Azhar Siddique for Petitioner.

Anwaar Hussain, Assistant Advocate-General Punjab.

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