| Citation(s) |
|---|
| 2015 SLG 964 2015 SLD 964 2015 SCMR 1739 |
Supreme Court of Pakistan
Civil Appeals Nos. 545 to 550 of 2015, decided on 8th July,2015. Dates of hearing: 22nd, 25th, 29th June to 3rd July,6th to 8th July, 2015.
MIAN SAQIB NISAR, MUSHIR ALAM AND UMAR ATA BANDIAL, JJ
Kh. Haris Ahmed, Senior Advocate Supreme Court, Mustafa Ramday, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record, Asrar Saeed, Chief Engineer LDA and Nawaz Manik, Director Law EPA Punjab for Appellants (in C.As. Nos. 545, 547 and 548 of 2015).
Civil Appeals Nos. 545 to 550 of 2015, decided on 8th July,2015. Dates of hearing: 22nd, 25th, 29th June to 3rd July,6th to 8th July, 2015.
MIAN SAQIB NISAR, MUSHIR ALAM AND UMAR ATA BANDIAL, JJ
Kh. Haris Ahmed, Senior Advocate Supreme Court, Mustafa Ramday, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record, Asrar Saeed, Chief Engineer LDA and Nawaz Manik, Director Law EPA Punjab for Appellants (in C.As. Nos. 545, 547 and 548 of 2015).
LAHORE DEVELOPMENT AUTHORITY through D.G. and othersVSMs. IMRANA TIWANA and others
Law:
Section:
(a) Constitution of Pakistan-------Arts. 30(2), 32, 37(i) & 140A---Government action or law, validity of---Principles of Policy---Local Government institutions---Encouraging the growth of Local Government institutions and decentralization of the Government administration were Principles of Policy under Arts. 32 & 37(i) of the Constitution---Validity of an action by Government or of a law could not be called into question on such basis (i.e. Principles of Policy) in view of Art. 30(2) of the Constitution.Zulfiqar Ali Babu v. Government of Punjab PLD 1997 SC 11; Farhat Jaleel v. Province of Sindh PLD 1990 Kar. 342; Ghulam Mustafa v. Province of Sindh 2010 CLC 1383 and Shazia Irshad Bokhari v. Government of Punjab PLD 2005 Lah. 428 ref.(b) Constitution of Pakistan-------Art. 2A---Objectives Resolution---Statute, vires of---Article 2A [Objectives Resolution] could not be used to strike down statutes.Kaniz Fatima v. Wali Muhammad PLD 1993 SC 901; Tank Steel and Re-Rolling Mills Pvt. Ltd. v. Federation of Pakistan PLD 1996 SC 77; Zulfiqar Ali Babu v. Government of Punjab PLD 1997 SC 11 and The Province of Punjab v. National Industrial Cooperative Credit Corporation 2000 SCMR 567 ref.(c) Constitution of Pakistan-------Art. 4--- Right of individuals to be dealt with in accordance with law, etc.---Legislation, vires of---Article 4 was not accepted as a criterion to test the vires of legislation.Fauji Foundation v. Shamimur Rehman PLD 1983 SC 457 ref.(d) Constitution of Pakistan-------Arts. 2A, 4 & Part II, Chapters 1 & 2 [Arts. 8 to 40]---Objectives Resolution and Principles of Policy---Scope---Statute/legislation, vires of---Objectives Resolution and Principles of Policy could be used to understand and interpret the Fundamental Rights in the Constitution in their proper context, as it may facilitate an interpretation of Fundamental Rights in harmony with and not divorced from their Constitutional setting---Object of such approach was to harmoniously construe the various provisions of the Constitution in a holistic manner---Objectives Resolution, Art. 2A and the Principles of Policy, however, either on their own or when read together could not be used to…