' The petitioner, a citizen of Multan and an Advocate of this Court, feels greatly perturbed over the denial of civic rights by the respondents-Agencies and has instituted this petition under Article 199 of the Constitution for reliefs, reproduced below:--- "In view of the above submissions, it is most respectfully prayed that in the wider interest of public at large the respondents may kindly be called upon to show as to what extent they have fulfilled their obligations towards the discharge of their duties under Chapters 1 and 2 and specially under Articles 4, 8, 25 and 38 of the Constitution of Islamic Republic of Pakistan, 1973, and to explain as to why fundamental rights of peoples of Multan are being denied and not provided to them as mentioned above.
' It is further prayed that after fixing the contributory negligence of the respondents individually and collectively appropriate orders to the extent of their criminal negligence in the discharge of their official responsibilities may also be passed, and the respondents may be taken to task in accordance with law.
' It is further prayed that a direction to respondent No,8 be issued that he should order a judicial enquiry towards the misappropriate of funds of Multan against respondents and others which has resulted the destruction of city in above circumstances and then registration of criminal cases against them in accord with law.
' It is also prayed that during the pendency of this writ petition the respondents may be directed that they should immediately restore all the fundamental rights of the citizens, the basic requirements of life like water, sewerage, metalling of roads etc. Without any further delay.
' Any other relief which this august Court considers appropriate may also be granted."
2. Various respondents-Agencies like WASA, Multan Development Authority and the District Magistrate have filed their individual comments in which the allegations of misappropriation as well as wastage of public money are denied. The Pakistan Telecommunication Corporation/respondents Nos.5-A and 6, have also filed their comments in which they have stated that they, for making cuts in connection with laying of the telephone lines, have paid substantial amounts of Municipal Corporation, Multan, Multan Development Authority, Punjab Highways and Cantonment Board, Multan etc.
3. C.M. 875 of 1995 was filed by the writ petitioner for seeking a direction to these recipients of amounts from Pakistan Telecommunication Corporation to account for the same. Vide Order dated 19-4-1995, this Court directed issue of notices to these Departments-Agencies to show cause as to why they should not be impleaded in this writ petition and directed to disclose the manner in which the public money was dealt with by them. In reply, each of the said Department, Agency has entered appearance and their learned counsel have been heard. While denying the allegation of wastage/misappropriation etc. Each of the learned counsel have stated that their clients are willing to furnish the necessary accounts to the writ petitioner.
4. In today's hearing, the learned counsel for the petitioner was asked to address on the question of maintainability and scope of this writ petition. It is admitted that the petitioner is acting as pro bono poblico and that apart from the rights of a citizen, petitioner's own individual right is not directly involved. In support of the plea that such a petition is maintainable, learned counsel has cited a Single Bench Judgment of this Court reported as Al-Jehad Trust and another v. Mian Manzoor Ahmad Wattoo and 8 others PLD 1993 Lah.
875. This judgment is not of any avail because the same was set aside by a Division Bench of this very Court. The learned counsel was asked to keep the distinction in the two jurisdictions in view.
The power of judicial review of the High Court is conferred and regulated by Article 199 of the Constitution while th e power of the Supreme Court rests in such cases under Article 184(3) of the Constitution. Under Article 189 of the Constitution, the Supreme Court has inherent powers to do complete justice. In view of the Constitutional dispensation, the High Court cannot enter into the controversy raised in the present petition without violating Constitutional restraints laid down in Article 199 of the Constitution.
5. Apart from the above legal position, it is not expedient to enter into roving enquiries so as to discover whether any case of misappropriation/wastage of public money is made out. The learned counsel, by way of application, namely, C.M. 274/95, has prayed for constitution of a City Inspection Team consisting of Registrar of this Court and District and Sessions Judge, Multan, for looking into the various grievances and for making a report. It is clear that the constitution of such a Committee will take this Court to land unchartered and this Court will certainly be encroaching upon the functions of the other State organs.
6. However, this technical approach of the case is not the answer. The problems of the citizens are assuming serious proportions. The condition of roads, sanitation, sewerage, water-supply is deteriorating day by day. This is the daily experience of average citizen. The authorities responsible for maintaining such amenities have not been successful in satisfying the citizens on this score.
7. Learned counsel for the petitioner have with vehemence contended that it is after exhausting all other (sic) and after feeling totally dissatisfied with other agencies that the petitioner has recoursed to this Court as a last resort. According to the learned counsel, it would be tragic if even this Court is unable to provide any relief because then the citizens will be completely left without any remedy. What the learned counsel have stated has weight and substance but, as noted above, this Court is itself, creation of a Constitution which Constitution also limits the exercise of jurisdiction of this Court. I am clear in my mind that the reliefs as sought for in this petition cannot be granted by this Court without crossing the limits placed upon this Court by the Constitution in the exercise of its powers. My own feeling is that it is a sad state of affair but then we, as a nation, will have to find solutions to our collective problems in accordance with the Constitution and not otherwise.
' For what has been stated above, this petition is dismissed. The petitioner, if so advised, may avail of the offer made by the respondents-Agencies for examination of the accounts regarding the amounts transferred by the Pakistan Telecommunication Corporation. There shall be no order as to costs.