KARACHI, Aug 12: The Sindh High Court sternly warned the petitioners on Friday to desist from the practice of agitating frivolous, whimsical and baseless matters or be prepared to pay heavy costs for wasting its time.
The warning came in an order passed by Chief Justice Saiyed Saeed Ashhad and Justice Zawwar Hussain Jaffery, who constituted a division bench, for disposing of three writ petitions moved by the same person.
Petitioner Haji Gul Ahmed, who appeared in person, wanted a direction to the federation and the main parliamentary parties to enact a law to introduce an Islamic system in the country.
The petitioner, who claims to be a social worker, had earlier moved an identical petition citing only the federal government as the respondent. A division bench disposed it of by holding that the issue raised concerned the legislative authority and the court could not make any direction. Besides, there was an elaborate procedure prescribed by the Constitution for bringing laws and the economic system in conformity with Islam.
Haji Gul Ahmed moved another petition on the subject impleading the main parliamentary parties along with the federation. When the petition came up for hearing on Thursday, the chief justice observed that it was not for the courts to issue directions to parliamentarians to legislate on a particular matter.
Describing the petition as "baseless, misconceived and devoid of any substance", the bench said in its order that the petitioner seemed to be an idle person who was not required to do any work. "He keeps filing frivolous petitions, wasting the court's time", it observed, and warned him that heavy costs would be imposed in future for moving frivolous petitions.
The order also referred to two other petitions by Haji Gul Ahmed fixed for hearing on Friday and seeking ban on manufacturing and marketing of cigarettes and soft drinks for being injurious to public health.
All three petitions were dismissed in limine. The petitioner had earlier been fined Rs 10,000 by another division bench for seeking a writ to ban the activities of "faith healers", astrologers, etc. The fine was waived by the Supreme Court in an appeal while the dismissal order was upheld.
Earlier this week, the same bench dismissed a petition seeking an injunction against the Pakistan Telecommunication Company Limited from participating in the wireless local loop auction.
The petition, filed in "public interest" through Advocate Nafees Siddiqui, maintained that the PTCL participation was violative of the government's deregulation policy and would encourage public sector monopoly.
The bench observed that public interest litigation could be conducted only by the Supreme Court under Article184 (3) of the Constitution. Article 199, which conferred writ jurisdiction on the high courts, made no provision for public interest petitions by parties not aggrieved by the impugned action or decision. It also dismissed in limine a "public interest" petition challenging the parliament's power to adopt the 17th amendment to the constitution.
