Case Details

Citation(s)
2009 SLG 2263 2009 SLD 2263 2009 PLD 406
Supreme Court of Pakistan
Civil Appeal No. 1297 of 2006, decided on 20th March, 2009. Dates of hearing: 16th and 17th February, 2009.
MIAN SHAKURULLAH, JAN KHAN, JUSTICE, NASIR-UL-MULK, JUSTICE AND MUHAMMAD QAIM, JAN KHAN, JUSTICE
Syed Ali Zafar, Advocate Supreme Court along with Arshad Ali Ch. Advocate-on-Record for Appellant. Sardar Muhammad Latif Khan Khosa, Attorney-General for Pakistan along with Mudassar Khalid Abbasi, A.A.G. Punjab and Taffazul H. Rizvi, Advocate Supreme Co

ECHO WEST INTERNATIONAL (PVT.) LTD. LAHORE

VS

GOVENRMENT OF PUNJAB THROUGH SECRETARY AND 4 others

Law:

Section:

(a) Public Procurement Regulatory Authority Ordinance (XXII of 2002)---.--- ---.----Preamble---.---Public Procurement Regulatory Authority Rules, 2004---.---Law Reforms Ordinance (XII of 1972), S.3(2), proviso---.---Constitution of Pakistan (1973), Art.185(3)---.---Award of contracts---.---Leave to appeal was granted by Supreme Court to consider, inter alia, as to whether the bidding process and procedure adopted for the award of contracts, for the construction of three mega projects, involving government properties, by a company jointly owned by Federal Government and Government of the Punjab, was valid, transparent, non-arbitrary, non-discriminatory and in accordance with the guidelines and requirements laid down by the superior courts of Pakistan in such-like matters; that whether bidding mechanism and process adopted by the government owned company were contrary to and violative of Public Procurement Regulatory Authority Ordinance, 2002 and Public Procurement Regulatory Authority Rules, 2004 and whether intra-court appeal instituted by the petitioner which resulted in the impugned , was not competent due to the bar as contained in proviso to S.3(2), Law Reforms Ordinance, 1972, if so, its effect. (b) Constitution of Pakistan (1973)---.--- ---.----Art. 199---.---Issuance of writs in the nature of certiorari or mandamus to a limited company by the High Court---.---Criteria. Writs in the nature of certiorari or mandamus can be issued to, inter alia, persons performing functions in connection with the affairs of the Federation or the Province. Limited company possessing legal entity, is a person and the primary test for determining as to whether a limited company can be treated for the purpose of exercising writ jurisdiction over it by a High Court, as "performing functions of Federal or Provincial Government", must always be whether the functions entrusted to the organization or person concerned are indeed functions of the State involving some exercise of sovereign or public power; whether the control of the organization vests in a substantial manner in the hands of government; and whether the bulk of the funds is provided by the State. If these conditions are…
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