Case Details

Citation(s)
2014 SLG 1019 2014 SLD 1019 2014 YLR 2571
Balochistan High Court
Constitutional Petitions Nos. 771 of 2009, 219 of 2010 and286 of 2014, decision Dated: 30-08-2014. Dates of hearing:9th June, 7th, 16th, 17th and 23-07-2014.
MUHAMMAD EJAZ SWATI, JUSTICE
Petitioner(s) by: Muhammad Qahir Shah
Respondent(s) by: Sher Shah Kasi Deputy Attorney GeneralTariq Ali Tahir Additional Advocate General Tariq Ali Tahir, Additional Advocate General and Shai Haq, Assistant Advocate GeneralSyed Ayaz Zahoor for Resp

MUHAMMAD QAHIR SHAH AND OTHERSVSFEDERATION OF PAKISTAN, MINISTRY OF RAILWAYS, THROUGH SECRETARY, ISLAMABAD AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Matter of public concern---Pakistan Railways' land---Sale by auction---Non-transparency---Undue benefit to auction purchasers---Present Constitutional petition raised matters of public concern, which was the sale of assets of Pakistan Railways , the ownership of which vested in the people of Pakistan---Present petition raised significant points of improper exercise of discretion, extending of undue benefit and favour to auction purchasers and failure of public functionaries to abide by their policy---Constitutional petition was held to be maintainable in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Matter of public concern---Petitioner advocating his own cause/seeking a benefit for himself---In cases in which petitioner highlighted a matter of public interest or concern, but his motivation was to seek a benefit for himself, the courts may still entertain the petition without granting any relief to the petitioner---If the attention of the court was drawn to a matter of public interest having the attributes of public interest litigation and which highlighted serious transgressions it would not be proper for the court to close its eyes and simply dismiss the petition on the ground that the petitioner was advocating his own cause. (c) Constitution of Pakistan--- ----Art. 199---Public interest litigation---Locus standi of petitioner---"Aggrieved person"---Scope---Any citizen who brought forward a public matter disclosing the violation of any constitutional or legal provision or unreasonable behavior of a public functionary that was adverse to the public interest or had caused public loss may be categorized as an "aggrieved person". G.J. Fernandez v. State of Karnataka, AIR 1990 SC 958; Akhtar Hassan Khan v. Federation of Pakistan 2012 SCMR 455 and Suo Motu Case No.13 of 2009 PLD 2011 SC 619 ref. (d) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Pakistan Railways' land---Sale by auction---Non-transparency---Undue benefit to auction purchasers---Loss to public exchequer---Terms of Bid not abided…
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