The gateway to invoke judicial review of the high court is only when there is an application or appeal by the aggrieved or affected party. And in the absence of any such application, the high court may enter into “the domain of judicial overreach”, which is the exercise of power without any legal basis and the same falls within the ambit of interference and encroachment on the legislative and executive domain.

Since no comments were sought from FGEHA and the beneficiaries of the revised policy were neither put to notice nor impleaded in the proceedings, they were caught by surprise when the revised policy was struck down by the high court, the SC noted. It was mandatory to hear all affected and beneficiaries before any decision was taken, Justice Malik said, adding that this was sufficient to remand the matter back to the IHC to hear the appeal and petitions afresh giving everyone an opportunity to respond to the challenges made.

Published in Dawn, November 21st, 2024