| Citation(s) |
|---|
| 2014 SLG 1305 2014 SLD 1305 2014 PLD 47 |
Supreme Court of Pakistan
Civil Appeals Nos. 149 and 150 of 2010, decision dated: 21stAugust, 2013.(On appeal from the judgments of the High Courtof Sindh Karachi, dated 7-5-2008 and 28-2-2008, passed inC.Ps. Nos.D-442 and D-441 of 2007, respectively)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND SH. AZMAT SAEED, JJ
Mian Gul Hassan Auranhgzeb, Advocate Supreme Court and Arshad Ali Ch. Advocate on-Record for Appellants (in C.A.No. 149 of 2010).Tariq Mehmood, Senior Advocate Supreme Court for Appellants (in C.A. No. 150 of 2010) Shah Khawar, Addl. A.G.P. on Courts Noti
Civil Appeals Nos. 149 and 150 of 2010, decision dated: 21stAugust, 2013.(On appeal from the judgments of the High Courtof Sindh Karachi, dated 7-5-2008 and 28-2-2008, passed inC.Ps. Nos.D-442 and D-441 of 2007, respectively)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND SH. AZMAT SAEED, JJ
Mian Gul Hassan Auranhgzeb, Advocate Supreme Court and Arshad Ali Ch. Advocate on-Record for Appellants (in C.A.No. 149 of 2010).Tariq Mehmood, Senior Advocate Supreme Court for Appellants (in C.A. No. 150 of 2010) Shah Khawar, Addl. A.G.P. on Courts Noti
HABIBULLAH ENERGY LIMITED and anotheRVs WAPDA through Chairman and others
Law:
Section:
(a) Constitution of Pakistan----Arts. 184 & I99---Judicial Review---Jurisdiction of superior Courts---Scope---Administrative actions---Award of contracts by the State or its functionaries---Public interest litigation---Jurisdiction of Superior Courts of Judicial Review for the enforcement of Fundamental Rights was not a "closed shop", particularly in the context of Public Interest Litigation (PIL)---Nature, scope and extent of the power of judicial review by the superior courts of administrative actions and the grounds on basis whereof such actions could be set aside had evolved with the passage of time and its contours stood clearly defined especially in the context of the award of contracts by the State or its instrumentalities Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268; Messrs Ramna Pipe and General Mills (Pvt.) Limited v. Messrs Sui Northern Gas Pipe Line (Pvt.) and others 2004 SCMR 1274; Raja Mujahid Muzaffar and others v. Federation of Pakistan and others 2012 SCMR 1651; Sup Motu Case No.13 of 2009 PLD 2011 SC 619; Maulana Abdul Haque Baloch and others v. Government of Balochistan through Secretary, Industries and Mineral Development and others PLD 2013 SC 641; Corruption in Hajj Arrangements PLD 2011 SC 963 and Stretching Computers Ltd. v. Messrs M. and N. Publications Ltd. AIR 1996 SC 51 rel. (b) Constitution of Pakistan-- ----Arts. 184 & 199--Judicial Review by Superior Courts--Scope---Administrative actions---Public functionaries, duties of---All public functionaries must exercise public authority, especially while dealing with public property, public funds, and assets; in a fair, just, transparent, and reasonable manner, untainted by mala fide without discrimination and in accordance with law, keeping in view the constitutional Rights of the citizens; and the same would hold true even in absence of any specific statutory provisions setting forth the process in such behalf-While exercising its jurisdiction, Superior Courts neither sit in appeal over administrative actions nor interfere on account of inconsequential deviations; however, where Administrative…
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