Case Details

Citation(s)
2015 SLG 369 2015 SLD 369 2015 CLC 22
Lahore High Court
Writ Petitions Nos. 20363 of 2012, 847, 1221, 1441, 5265, 4903, 4816, 5166, 4418, 4892, 4652, 4948, 24601, 6448 of 2014, 20455 of 2012 and 25972 of 2014, heard on 3rd October, 2014
SHUJAAT ALI KHAN, J
Mian Muhammad Hussain Chotiya for Petitioners (in W.Ps. Nos.20363, 20549, 20671, 20888, 24820, 23806, 23218, 21490, 26008, 26311, 28550, 28235 of 2012, 6608, 6609 of 2013, 4892, 4593, 17244 and 18654 of 2014). Muhammad Ajmal Khan, Muhammad Farooq Sheikh a

NISHAT CHUNIAN LTD. and others

VS

FEDERATION OF PAKISTAN and others

Law: Constitution of Pakistan, 1973

Section: 189,199

Law: Supreme Court Rules, 1980

Section: O.XX,R.1

Law: Gas Infrastructure Development Cess Act, 2011

Section: Preamble

(a) Constitution of Pakistan--- ----Arts. 189 & 199---Vires of a statute---Constitutional petition filed before the High Court challenging vires of a statute---Statute already declared as ultra vires the Constitution by the Supreme Court---High Court in such circumstances would be left with no option but to follow the dictum laid down by the Supreme Court in view of Art.189 of the Constitution. (b) Gas Infrastructure Development Cess Act (XXI of 2011)--- ----Preamble---Constitution of Pakistan, Arts.188 & 199---Supreme Court Rules, 1980, O.XX, R.1 ---Constitutional petition filed before the High Court challenging vires of Gas Infrastructure Development Cess Act, 2011---Gas Infrastructure Development Cess Act, 2011 already declared as ultra vires to the Constitution by the Supreme Court---Review petition already filed against of the Supreme Court---Plea of respondent-Government that during pendency of review petition before the Supreme Court, propriety demanded that constitutional petition before the High Court should be kept pending---Validity---No injunctive order had been passed in the review petition before the Supreme Court---No embargo existed for the High Court to decide the present matter, especially in the light of O.XX of the Supreme Court Rules, 1980---Constitutional petition was allowed by the High Court in terms of the of the Supreme Court under review, whereby Gas Infrastructure Development Cess Act, 2011 was declared as ultra vires to the Constitution. Ashraf Industries (Pvt.) Ltd. v. Federation of Pakistan through Secretary, Ministry of Petroleum and Natural Resources Control Secretariat and 3 others 2013 PTD 1732 and Federation of Pakistan v. Durrani Ceramics and others Civil Appeal No.1540 of 2013 ref. JUDGMENT SHUJAAT ALI KHAN, J.--- Through this single judgment I intend to decide this petition as well as petitions mentioned in "Schedule-A" having commonality of law and facts inasmuch as in pith and substance vires of Gas Infrastructure Development Cess (GIDC) Act, 2011, (hereinafter to be referred as the Act) have been called in question in all these petitions. 2. Learned counsel appearing on behalf of the petitioners submit that as…
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