Law: Constitution of Pakistan, 1973

Section: 25,199

Constitution of Pakistan--- ----Arts. 25 & 199---Wheat Procurement Policy, 2017---Constitutional petition---Discrimination---Violation of policys were agriculturalists and were aggrieved of non-providing of Bardana (Gunny Bags) by the authorities---Plea raised by petitioners was that distribution of Bardana was discriminatory and violative of Wheat Procurement Policy, 2017---Validity---Held, Procurement policy was not capable of being applied discriminately and discretionary powers were used in nontransparent manner---High Court declined to strike down Policy in presence of facts that crop was laying under the sky in open field and delay in its collection could cause loss of crop which was a national asset but grower would also suffer as they were left on mercy of investors who were at liberty to determine forced sale price under compelling circumstances---Provincial government had undertaken and ensured that remaining quantity of Bardana would be distributed in fair and transparent manner, however, High Court directed the Provincial government to ensure that bags would be distributed equally amongst similarly placed growers and that small farmers having minimum cultivated holdings should be given preference and interest of those growers was also be protected who could not approach the High Court---Constitutional Petition was allowed accordingly. Messrs Mustafa Impex v. The Government of Pakistan PLD 2016 SC 808; Amanullah Khan and others v. The Federal Government of Pakistan PLD 1990 SC 1092; Government of NWFP v. Majee Flour Mills (Private) Limited 1997 SCMR 1804; Muhammad Amin Muhammad Bashir v. Government of Pakistan 2015 SCMR 630; I.A. Sharwani and others v. Government of Pakistan 1991 SCMR 1041; Govt. of Balochistan through Addl. Chief Secretary v. Azizullah Memon PLD 1993 SC 341 and Messrs Al-Raham Travels and Tours (Pvt.) Ltd. and other v. Ministry of Religious Affairs, Hajj, Zakat and Ushr through Secretary and others 2011 SCMR 1621 ref. THIS JUDGMENT DELIVERED BY: SHAHID JAMIL KHAN, JUSTICE:---.--- This judgment shall also decide Writ Petitions Nos. 6414, 6761, 6932, 7008 of 2017, Crl. Org. Nos. 400, 401, 402, 409, 428, 392, 399, 444-W of 2017 and…

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