| Citation(s) |
|---|
| 2006 SLG 3293 2006 SLD 3293 2006 PLD 697 2006 PLJ 1130 |
Supreme Court of Pakistan
Constitutional Petition No. 9 of 2006 and Civil Petition Nos. 345, 394 and C.M.A. No. 1190 of 2006, heard on 30th, 31st May, 1st, 5th to 8th, 12th to 15th and 19th to 23rd June, 2006.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., RANA BHAGWANDAS, JAVED IQBAL, ABDUL HAMEED DOGAR, MUHAMMAD NAWAZ ABBASI, TASSADUQ HUSSAIN, JILLANI, SAIYED SAEED ASHHAD, HAMID ALI MIRZA, AND KARAMAT NAZIR BHANDARI, JJ
Barrister Zafarullah Khan, Senior Advocate Supreme Court, Raja Muhammad Akram, Senior Advocate Supreme Court assisted by Ms. Sadiq Abbasi, and Muhammad Habib-ur-Rehman, Advocates for Petitioner (in C.P. No. 9 of 2006). Abdul Mujeeb Pirzada, Advocate Supr
Constitutional Petition No. 9 of 2006 and Civil Petition Nos. 345, 394 and C.M.A. No. 1190 of 2006, heard on 30th, 31st May, 1st, 5th to 8th, 12th to 15th and 19th to 23rd June, 2006.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., RANA BHAGWANDAS, JAVED IQBAL, ABDUL HAMEED DOGAR, MUHAMMAD NAWAZ ABBASI, TASSADUQ HUSSAIN, JILLANI, SAIYED SAEED ASHHAD, HAMID ALI MIRZA, AND KARAMAT NAZIR BHANDARI, JJ
Barrister Zafarullah Khan, Senior Advocate Supreme Court, Raja Muhammad Akram, Senior Advocate Supreme Court assisted by Ms. Sadiq Abbasi, and Muhammad Habib-ur-Rehman, Advocates for Petitioner (in C.P. No. 9 of 2006). Abdul Mujeeb Pirzada, Advocate Supr
WATTAN PARTY through President
VS
FEDERATION OF PAKISTAN through Cabinet Committee of Privatization, Islamabad and others
Law: Constitution of Pakistan, 1973
Section: 153,154,184(3),185(3)
Law: Privatisation Commission Ordinance, 2000
Section: Preamble
(a) Privatization Commission Ordinance (LII of 2000)--- ----Preamble---Constitution of Pakistan (1973), Arts. 153, 154, 184(3) & 185(3)---Constitutional petition under Arts. 184(3) & 185(3) of the Constitution assailing the wires of Privatization Commission Ordinance, 2000 and process of privatization of Pakistan Steel Mills Corporation--Validity---Held, Privatization Commission Ordinance, 2000 was not ultra vires of the Constitution---Supreme Court, while exercising the power of judicial review observed that conscious of the mandate of Arts. 153 & 154 of the Constitution, the establishment and working of the Council of Common Interests was a cornerstone of the federal structure providing for protection of the rights of the federating units; that said important institution, was not functioning presently and in view of the statement made by the counsel for the Federal Government that the process for making the Council functional was underway, Federal Government was directed to do the needful expeditiously as far as possible but not later than six weeks; that approval for the privatization of Pakistan Steel Mills Corporation by the Council of Common Interests on 29-5-1997 continued to hold the field but in view of the developments having taken place during the intervening period and the divergent stands taken by the counsel for the Federal Government to the effect that the order of approval for the privatization by the Council was never recalled and the stand taken by the counsel for the Corporation that the matter of its privatization was dropped subsequently by way of propriety, it would be in order if the matter was referred to the Council of Common Interests for consideration; that ordinarily, Supreme Court, while exercising the power of judicial review, would not interfere in the policy making domain of the Executive while the present case was relatable to the privatization of State owned projects as it had its own merits reflected in the economic indicators; that process of privatization of the Pakistan Steel Mills Corporation stood vitiated by acts of omissions and commissions on the part of certain State functionaries reflecting violation of…
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