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SHAKIL AHMAD versus FEDERATION OF PAKISTAN


The provisions of the High Court's constitutional jurisdiction under Articles 199 and 212 of the Civil Service Constitution are exempted from immunity, bereavement or absence of jurisdiction, or persons who cause a quorum non-Judiciary concept. They are capable of constitutional jurisdiction. Judicial review can never be taken away, however, as such a broader proposal itself was subject to constitutional restrictions. First, a clause signed under a constitutional law cannot be equal to the jurisdiction of a court under the Constitution, and when the latter case (dismissal of jurisdiction) was taken, it was necessary to exercise greater caution. Had to be Secondly, the constitutional jurisdiction of the Supreme Courts was always to be used for relief, not to regard injustice and power as arbitrary, even in appropriate cases when it was attracted to such rule, aid could be denied there. Or its jurisdiction must be genuine. And not explicitly embarrassing or defamatory, all the necessary details, demonstrating unprecedented use of force, have to be spelled out, and then closely examined before intervening in such cases where the constitution Has prevented himself from entering the higher courts. Even then, interference will be exempted from the issue rather than the exception, since the service is within the exclusive jurisdiction of the tribunal, and it cannot be through this forum that the High Court refuses to exercise jurisdiction over the matter.

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