(b) for all incidental, supplemental or consequential matters.]
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 that he 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.
(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.
1[(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.]
2* * * * * * *
1 Subs. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 9, for "clause (3)", (w.e.f. the 4th May, 1974).
2 Clauses (3A), (3B) and (3C) omitted by P. O. No. 14 of 1985, Art. 2 and Sch., which was previously amended by various enactments.
Page 85 of 167