Case Details

Citation(s)
2010 SLG 1095 2010 SLD 1095 2010 PLJ 231
Lahore High Court
W.P. No. 7471 of 2009, decided & hearing on 15.07.2009.
MIAN SAQIB NISAR, JUSTICE
Mr. S.M. Zaman, Advocate for Petitioner. Ch. Abdul Sattar, Advocate for
Respondent No. 2. Rana Asadullah Khan, Advocate for
Respondent No. 4.

IMTIAZ RASHEED QURESHI

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF POWER ISLAMABAD AND 4 OTHERS

Law:

Section:

Standard Time (Interpretation of References) Ordinance, 1943-- ----S. 2--Day-light saving time--Question, whether the Federal Government had the authority to issue the impugned notification for advancing the PST by one hour--Interpretation of Pakistan Standard Time shall be fixed by the Federal Government and if it is not so, in that eventuality five and one-half hours added to Greenwich Mean time shall be considered to be PST--In the instant case, on account of the Schedule 2 Item No. 14 of the Federal Government Rules of Business, fixation of time is the subject of the interior division--On account of the summary prepared by the Pepco routed through the ministry of water and power, the Interior Division with the consultation of the whole cabinet has advanced time, therefore, the question of illegality and/or invalidity in that behalf has no substance and, therefore, is repelled. Constitution of Pakistan, 1973-- ----Arts. 25 & 199--Standard Time (Interpretation of References) Ordinance, (VI of 1943), S. 2--Daylight saving time--Advancement of time by an hour in Pakistan--Impugned decision is the policy matter of the Government and when no vice of the nature indicated is established by the petitioner on the record, High Court while exercising constitutional jurisdiction is not supposed to sit as an appellate forum over the administrative decision--Both the decisions including the day-light saving and the load management are not arbitrary or whimsical in any manner, rather those have been done under the compelling circumstances of acute energy shortage. Judicial Review of Administrative Actions-- ----High Court was not inclined to constitute any commission for the purpose of ascertaining, whether the load management is being conducted in fair and reasonable manner, because in view of the Court, it shall be unnecessary interference in the affairs of the Government, which should be avoided, unless it is absolutely imperative and that too on the touchstone of the settled principles of judicial review of administrative actions, which Prima facie have not been established by the petitioner on the record--Petition dismissed. THIS ORDER PASSED BY: MIAN SAQIB NISAR,…
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