| Citation(s) |
|---|
| 2014 SLG 2151 2014 SLD 2151 2014 CLD 1185 |
Islamabad High Court
Writ Petitions Nos.2858, 2868 of 2012 and 2927 of 2013,decision dated: 27-11-2013.
NOOR-UL-HAQ N. QURESHI, J
Sikandar Bashir Mohamand, Mustafa Aftab Sherpao and Hamid Ahmad for Petitioners. Tariq Mehmood Jehangiri for
Respondents Nos.6, 7, 8 and 9 (in Writ Petition No. 2858 of 2013), for
Respondents Nos.5, 7 to 9 (in Writ Petition No. 2868 of 2012) and for Res
Writ Petitions Nos.2858, 2868 of 2012 and 2927 of 2013,decision dated: 27-11-2013.
NOOR-UL-HAQ N. QURESHI, J
Sikandar Bashir Mohamand, Mustafa Aftab Sherpao and Hamid Ahmad for Petitioners. Tariq Mehmood Jehangiri for
Respondents Nos.6, 7, 8 and 9 (in Writ Petition No. 2858 of 2013), for
Respondents Nos.5, 7 to 9 (in Writ Petition No. 2868 of 2012) and for Res
AEROTRON (PRIVATE) LIMITED through Managing Director and 2 othersvsFEDERATION OF PAKISTAN through Principal Secretary to the Prime Minister (Chief Executive) and 9 others
Law:
Section:
(a) Purchase Procedure and Instructions (Revised 2002)-------Chapter III, para. 22---Constitution of Pakistan, Art.199--- Constitutional petition--- Locus standi---Principal and agent relationship---Petitioners were sole representatives for a foreign company dealing in helicopters---Respondents /Authorities wrote letters to foreign company informing that petitioners were security wise not clear for any interaction with Army and defence organizations, therefore, foreign company was asked to change its representatives---Validity---Petitioners though were performing as agents of their foreign principals but had no written or oral contract with respondents/ authorities and could not claim any violation on the part of respondents---Petitioners should have agitated against their principal who on the basis of correspondence of respondents/authorities discontinued agreement executed between them---Principals were not made party to proceedings nor any allegation was levelled against them---Petitioners did not seek relief against principals in accordance with law in view of certain terms and conditions of agreement executed in between them---When petitioners had no direct concern with respondents, they could not agitate their grievance against respondents and entire proceedings initiated were futile---When there was no agreement executed between petitioners and respondents, the provisions of law as envisaged by Purchase Procedure and Instructions or Public Procurement Rules, could not be enforced for agitating their rights as they claimed---Petition was dismissed in circumstances. New Jubilee Insurance Company Ltd., Karachi v. National Bank of Pakistan, Karachi PLD 1999 SC 1126; Messrs Nizami Construction Company through Sole Proprietor v. Chief Executive Officer, Gujranwala Electricity Company (GEPCO) and 2 others 2005 CLC 366; Messrs United Woollen Mills Ltd. Workers' Union v. Messrs United Woollen Mills Ltd. 2010 SCMR 1475; Ashfaq Hussain v. Government of the Punjab and others 2011 PLC (C.S.) 799; Shahzada Zahir Shah and 6 others v. Muhammad Usman Ghani and 3 others 2005 YLR 1394; Messrs M.A. Aleem Khan through Chairman v. Province of the Punjab PLD 2006 Lah. 84;…
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