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Precedent

Alternate remedy is a rule of discretion, not an absolute bar to Article 199 jurisdiction

Citation: PLD 2023 LHC 664 Court: Lahore High Court Bench: Single Bench Decided: 8 Nov 2023

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Headnote

The existence of an alternate remedy does not oust the constitutional jurisdiction of the High Court where the impugned order is void, coram non judice or passed in violation of natural justice.

Key holdings

  1. Alternate remedy is a self-imposed restraint, not a jurisdictional bar.
  2. A void order can be assailed directly under Article 199.
  3. Where the impugned action is wholly without jurisdiction, relegation to the statutory forum is not required.