Citation Name : 2011
SCMR 1990 SUPREME-COURT
Side Appellant :
FIDA HUSSAIN
Side Opponent : Mst.
SAIQA
Art.
199---Constitutional petition---Factual controversy---Recording of
statement---Respondent filed constitutional petition before High Court against
appellants and police officials for causing harassment to her and her
children---Appellants specifically denied allegations of respondent and in
support had produced some documents---Matter involved disputed facts which for
the purpose of determination required factual inquiry by recording
evidence---High Court recorded statement of respondent and appellants were not
provided any opportunity to cross-examine her on the basis of her statement and
passed the order---Validity---High Court was not to resolve disputed question
of facts in exercise of Constitutional jurisdiction under Art. 199 of the
Constitution---Orders passed by High Court were not sustainable in the eyes of
law, therefore, those were set aside by Supreme Court---Appeal was allowed
accordingly.
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