2024 SCMR 40

2024 SCMR 40

Art. 184(3)-Constitutional jurisdiction of the Supreme Private complaint/ grievance-Alternate remedy, availability by the applicant before the Supreme Court leveling serious allegations against the personnel of Inter Services Intelligence (‘ISI’) and Pakistan Rangers (Punjab) of misusing their office. and committing crimes against the applicant and his family…. Maintainability—Nature of a case filed under Article 184(3) of the Constitution is different from other cases, for a number of reasons—Firstly, the Supreme Court under Article 184(3) of the Constitution exercises original power, and whenever original power is exercised it must be done cautiously— Secondly, where there exists other forum(s) to attend to the same it is best that they first do so—Thirdly, against the decision of a High Court appeals may come before the Supreme Court under Article 185 of the Constitution-Fourthly, direct intervention by the Supreme Court under Article 184(3) of the Constitution may adversely affect the rights of others— Application filed by the applicant was held to be not maintainable with the observations that as far as the applicant’s apprehension that his complaint/grievance would not be entertained by the Ministry of Defence, because the respondents had held senior positions in the Armed Forces, the Additional Attorney General assured the Court that the complaint/ grievance will be given due consideration; that there was no reason to doubt this statement made on behalf of the Government of Pakistan, therefore, the apprehension of the applicant is misplaced, and that, if the applicant submits a complaint/grievance to the Ministry of Defence of the Government of Pakistan, it shall be dealt with in accordance with law.

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