Law: Imports and Exports (Control) Act, 1950

Section: 3(1),3

Law: Civil Procedure Code (V of 1908)

Section: 27A

Law: Constitution of Pakistan, 1956

Section: 12

Law: Constitution of Pakistan, 1973

Section: 3,18,25,38,199,19,28(e)

(a) Import and Export (Control) Act (XXXIX of 1950)--- ----Ss. 3(1) & 5---Constitution of Pakistan, Arts. 3, 18, 25, 38 & 199---Constitutional petition---Notification of Federal Government restricting export of cotton yarn upto 35 million K.G., per month from 4-1-2010 till 30-6-2010---Petitioners being manufacturers and exporters of cotton yarn alleged such notification to be unreasonable and violative of Arts.18 & 25 of the Constitution--Validity---In absence of impugned restriction, there would be a flight of cotton yarn from country leaving value-added-textile sector starved of its raw material resulting into reduction of export earnings and wide spread closure of textile units and creation of unemployment---Only 8% of workers were employed in spinning industry, while remaining 92% were employed in value-added-textile sector---Policy of Government to impose impugned restriction was not arbitrary and unreasonable---Impugned notification was issued under Import and Export (Control) Act, 1950 and was not suffering from any uncertainty---Purpose of impugned notification was to secure availability of cotton yarn for local industry, while surplus fine yarn fetching higher price in international market was permitted to be exported---Right guaranteed by Art. 18 of the Constitution could not be interpreted by excluding or ignoring any other provisions thereof including Art. 38 casting responsibility upon State to secure well-being of its citizens and promote and protect employment---Right claimed by petitioner would necessarily be exercised in harmony with overriding needs and interest of community and State and its responsibilities under the Constitution---Petitioners could not claim to exercise right under Art.18 of the Constitution in a manner, which would result in a dramatic loss to export earnings further widening in trade deficit with all its attending adverse impacts on economy and resulting in increase unemployment---Interest of State and community could not be sacrificed for profits sought to be made by an individual at cost of great hardship to a significant segment of population--Impugned notification was not violative of Art.18 of the…

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