- —aggrieved person—right to move Court— under section 44—AJK Interim Constitution Act, 1974 —if some law offends the provisions of the Constitution—and enforcement of fundamental right is sought—but one must has to show as such—that how he is an aggrieved person—Argument: appellant being an advocate believes in supremacy of law and constitution. He has challenged the constitution of Search Committee as made for appointment of Vice Chancellor, in violation of the relevant law and the rules. He has challenged the same order as pro-bono publico. Held: we have given our serious thought to the relevant provisions of section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, which postulates that one can move the Court pro bono publico to challenge the vires of law on the ground that the same offends the provisions of the Constitution. The person who seeks a command from the High Court for enforcement of fundamental right must first show as to how he is an aggrieved person. Fazal Mehmood Baig v. The University of AJ&K &others 2017 SCR 1380 (A)
- —writ jurisdiction— conditions to invoke— petitioner has to fulfil such conditions—The appellant while invoking such jurisdiction , has to show that he has litigating firstly , in public interest and secondly, for public good or for welfare of general public. Fazal Mehmood Baig v. The University of AJ&K &others 2017 SCR 1380 (D) PLJ 2004 SC 824 rel.
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