Law: Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance (V of 1970)

Section:

Constitution of Pakistan--Arts. 199 & 185(3)---Constitutional jurisdiction of High Court---Scope---Matters relating to foreign policy, defence and security of the country---Constitutional petition was filed before the High Court with the prayers that Federation should be directed to command the Armed Forces of Pakistan to defend Pakistan against external aggression carried out by American Forces under the cover of North Atlantic Treaty Organization (NATO) which was in occupation of Afghanistan; that an authoritative declaration be made declaring United States of America an enemy State and for taking all measures provided by domestic law such as expulsion of its diplomatic personnel and seizure of assets; that if nuclear arsenal (of Pakistan) was found to be incapable of protecting Pakistan and instead posed a threat to its survival, Federation might be directed to either sell it in the international market to the highest bidder or to place it in the safe-custody of Iran---Maintainability---Issues raised in the constitutional petition and prayers made therein were relatable to matters of foreign policy, defence and security of the country---Such issues were neither justiciable nor they fell within the judicial domain for interference under Art.199 of the Constitution---Any such interference by the courts would be violative of one of the foundational principles of the Constitution, which envisaged at trichotomy of powers between the Legislature, Executive and Judiciary---Petition for leave to appeal was dismissed accordingly and leave was refused. ORDER TASSADUQ HUSSAIN JILLANI, J.--- Leave is sought against the order dated 27-10-2009 vide which petitioner's Intra Court Appeal against the order of the learned Single Judge in Chamber was dismissed and the order of the learned Single Judge in chamber was upheld. Vide the latter order the learned High Court had dismissed petitioner's Constitution…

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