Law: Constitution of Pakistan, 1973

Section: 25,199,18

Law: Constitution of Pakistan, 1973

Section: 25,199,18

(a) Constitution of Pakistan--- ----Arts. 18 & 25--- Discriminatory legislation--- Reasonable classification---Scope---Such classification permissible under Art.25 of the Constitution' would protect rights of people as a class, thus, same must be based on intelligible differentia distinguishing persons grouped together from those left out---Mere differentiation and non- equality of treatment, unless mala fide or arbitrary, would not per se amount to discrimination---Legislation or policy formulated thereunder would not be discriminatory, unless substantiated by applying well settled principles on subject of discriminatory legislation. 2002 PTD 2850 ref. Pakcom Limited v. Federation of Pakistan PLD 2011 SC 44; Government of Balochistan v. Azizullah Memon PLD 1993 SC 341; Charanjit Lal v. Union of India (AIR (38) 1951 SC 41 and N.-W.F.P. Public Service Commission v. Muhammad Arif 2011 SCMR 848 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Policy decision of Government--Interference in such decision by High Court in constitutional jurisdiction---Scope---Besrjudge in matter of policy decision would be Government for the same falling within domain of its jurisdiction---High Court would not interfere in such matter, unless same appeared to be arbitrary or mala fide on account of colourable exercise or abuse of power---Illustration. Shahzad Riaz V. Federation of Pakistan 2006 YLR 229 rel. Ornair Nisar for Petitioners. Mrs. Sheeraz Iqbal Standing Counsel for Respondent No.l. Nasrullah Awan for Respondent No.2. Shakeel Ahmed for Respondent No.3. Date of hearing: 24th August, 2012. JUDGMENT MUHAMMAD SHAFI SIDDIQUI, J.--- These are two Constitutional Petitions, out of which one is filed by manufacturer of plastic products and the other by commercial importer of plastic products, PVC waste and plastic scrap wherein the petitioners have prayed as under:--- "1. This Honourable Court may be pleased to declare that the items falling under PCT Heading 3915.1000 (polymers of ethylene), 3915.2000 (polymers of styrene), 3915.3000 (polymers of vinyl chloride) and 3915.9000 (other plastics) are non-hazardous items/products, under the international…

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