Law: Constitution of Pakistan, 1973

Section: 184(3),199

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition filed before the High Court---Public interest litigation---Anticipated award of contract by Government authority for electro-mechanical works---Tender---Bidding process---Contention of petitioner/appellant was that only one entity had tendered its bid for the works, thus there was lack of competition which would lead to loss of public exchequer---Validity---First bidding process was annulled by the competent authority after (bid) evaluation process drew criticism and controversy---Second (i.e. current) round of tender bidding had not drawn any complaint, criticism or objection from the public or private sector watchmen authorities or the media---Present case lacked any concrete allegation of wrong doing against the award of contract---Allegation levelled by the petitioner namely, that the bid given by the party in the second bidding process was defective and unconscionable, was conjectural---Petitioner's challenge appeared to be speculative, hypothetical and therefore colourable---Despite lapse of more than 14 months after the second round of bidding concluded in the present case, resulting in issuance of letter of acceptance, no factual material was brought by the petitioner before the High Court or before the Supreme Court to substantiate or exemplify the allegation made against the contract awardee---Contract execution in the present case had not progressed since issuance of the letter of acceptance, and public interest had actually suffered as a result of the delay---By the state of disclosure of allegations, facts and evidence, in the present case, the petitioner had failed to demonstrate any wrongdoing and harm having been done to public interest---Appeal was dismissed accordingly. (b) Constitution of Pakistan--- ----Arts. 184(3) & 199---Public interest litigation---Scope and pre-requisites---Public interest litigation undertaken by a citizen must in the first place transparently demonstrate its complete bona fides---Litigant must show that such litigation was not being undertaken to serve a private or vested interest but was demonstrably aimed at serving the public interest, good…

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