ISLAMABAD            -       The Islamabad High Court (IHC) Thursday imposed fine of Rs10,000 on a petitioner for filing a petition challenging the appointment of Dr. Arif Alvi as President of Islamic Republic of Pakistan by terming it “frivolous litigation.” 

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah imposed the fine after hearing a petition filed by Zahoor Mehdi Faisal who sought a writ in the nature of quo warranto challenging the appointment of Dr. Arif Alvi as President of Pakistan. 

In his petition, Mehdi asserted that he had contested elections for the post of the President. 

The IHC bench stated in its verdict that earlier the petitioner had filed a similar petition and he is a chronic litigator while he has been filing frivolous petitions.  It noted, “Firstly, the petition has not been properly worded; secondly, no ground has been raised requiring consideration by this Court while exercising jurisdiction under Article 199 of the Constitution.” 

The court added that earlier petition by the same petitioner and regarding the same matter has been dismissed. It is noted that the time of this Court is extremely precious and frivolous litigation ought to be dismissed.  “The trend of filing frivolous petitions is to be discouraged because it inevitably affects the rights of genuine litigants. Moreover, the jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 is extra ordinary and discretionary. The petitioner has taken the time of other genuine litigants by filing the instant frivolous petition,” observed the IHC CJ.  He further said, “The petition being frivolous and devoid of merits is dismissed. An amount of Rs.10,000/- (ten thousand) is imposed as cost for filing the instant frivolous petition and taking time of other bonafide genuine litigants. The petitioner is directed to deposit the imposed cost with the Deputy Registrar (Accounts) of this Court. The cost so deposited shall be paid to one of the counsels appointed by this Court for assistance in jail appeals.”