Case Maintainability under Article 184(3) of the Constitution

Background

An applicant filed a complaint with the Supreme Court, alleging:

• Misuse of office by personnel of Inter Services Intelligence (ISI) and Pakistan Rangers (Punjab)
• Crimes committed against the applicant and his family

The complaint was filed under Article 184(3), which grants the Supreme Court original jurisdiction over issues of public importance involving the violation of fundamental rights.

Arguments for Dismissal

1. Nature of Article 184(3): The Supreme Court's power under this article is original and thus exercised cautiously. It's preferred to exhaust other remedies first.
2. Availability of Alternate Remedies: In this case, other forums like the Ministry of Defence exist to address the applicant's grievances.
3. Potential Adverse Effects: Direct intervention by the Supreme Court under Article 184(3) could affect the rights of others involved in the case.

Outcome

The Supreme Court ruled the complaint not maintainable because:

• The Ministry of Defence is a viable alternative forum.
• The Government of Pakistan assured due consideration of the complaint.
• Direct intervention by the Supreme Court was deemed unnecessary.

Additional Notes

• The applicant's concern about the Ministry of Defence's fairness was addressed by the government's assurance.
• The case highlights the principle of judicial restraint in using Article 184(3)'s extraordinary power.