Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 4, 25 & 199---Constitutional petition---Allegation of discrimination---Authorities directed the petitioner and other contractors to ensure that the products of a certain manufacturer only were to be sold in the Dining Car---Petitioner in his Constitutional petition challenged the vires of the orders of the Authorities on ground of discrimination---Authorities as a policy matter passed order not only for the petitioner, but for all the contractors who were nine in number and al[ other contractors except petitioner, had accepted the instructions by Authorities---Question of discrimination, in circumstances, would not arise---Policy matter was accepted by other eight contractors, which was determined with reference to the domestic need, their priorities and multitudes of other factors of which the Authorities were the sole arbiter in exercise of their executive authority--­High Court declined interference in circumstances. Shaukat Ali's case PLD 1997 SC 342 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Constitution being based on trichotomy of power High Court had power only to interpret the law and had no jurisdiction to take the role of policy-maker---Petitioner, otherwise having not approached the Court immediately, Constitutional petition was liable to be dismissed on principle of laches. Zia-ur-Rehman's case PLD 1973 SC 49; Mian Muhammad Nawaz Sharif's case PLD 1993 SC 473; Zameer Ahmad Khan's case PLD 1975 SC 66; 1978 SCMR 327; Haji Saif Ullah's case PLD 1989 SC 166 and Khiali Khan's case PLD 1997 SC 304 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---High Court had ample power to set aside the order which was passed mala fide by the Authorities. Shaukat Ali's case PLD 1997 SC 342 and Messrs Airport Support Services' case 1998 SCMR 2268 ref. (d) Constitution of Pakistan (1973)--- ----Arts. 4 & 5---Obligation of public functionaries---Duty and obligation of the public functionaries to act in accordance with law without fear, favour and nepotism---Constitution was a commitment of the nation and it was the duty of each…

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