Case Details

Citation(s)
2017 SLG 2288 2017 SLD 2288 2017 CLC 1485
Balochistan High Court
Constitutional Petition No. 69 of 2016, decision Dated: 6-4-2017. Hearing Date : 21-3-2017.
ZAHEER UD DIN KAKAR, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Muhammad Akram Shah for Petitioners. Zahoor Ahmed Baloch, A.A.G. for
Respondent.

ALL QUETTA BALOCHISTAN ARMS DEALERS ASSOCIATION AND 9 OTHERS

VS

SECRETARY HOME AND TRIBAL AFFAIRS, CIVIL SECRETARIAT QUETTA

Law:

Section:

Arms Ordinance (XX of 1965)--- ----S. 11(b)--- Constitution of Pakistan, Art.199--- Constitutional jurisdiction of High Court---Scope---Policy matter---Renewal fee, fixation of---Petitioner was an Arms Dealer and he was aggrieved of increase in renewal fee of Arms Dealership License---Validity---Law had not debarred authorities to increase renewal fee nor was there any maximum limit of the increased amount but the same should be reasonable---Increase in question was not that much high to be considered as unreasonable---Policy making was the domain of the Executive and interference in such domain was not the function of High Court while exercising jurisdiction under Art.199 of the Constitution, unless same was violative of the Constitution, law or was product of mala fide---No mis-exercise of jurisdiction, illegality or irregularity was found in the notification in question---Interference was declined by High Court---Constitutional petition was dismissed in circumstances. Institute of Chartered Accountants of Pakistan Karachi and others v. Federation of Pakistan and others 1998 SCMR 2679 and Dossani Travells (Pvt.) Ltd. and 4 others v. Messrs Travels Shop (Pvt) Ltd. and others 2013 SCMR 1749 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- The petitioners, who are authorized Arms dealers, dealing in the business of selling of various kinds of arms/rounds, have assailed the Notification No. SO(Arms)2-1/Arms Policy/2014/1603-11 dated the 09th December, 2014 "the impugned notification", through which the respondent revised the fees/rates of arms dealership license, which for the convenience is reproduced hereinbelow:--- "GOVERNMENT OF BALOCHISTAN HOME AND TRIBAL AFFAIRS DEPARTMENT (Arms Section) Dated Quetta the 09th December, 2014 NOTIFICATION No. SO(Arms)2-1/Arms Policy/2014/1603-11/. In suspension of this Department's Notification No. SO(H)1-3/92/1566 dated 31st May, 1992 and in exercise of power conferred by clause (b) of Section 11 of the West Pakistan Arms Ordinance, 1965 (XX of 1965) the Government of Balochistan. Home and Tribal Affairs Department is pleased to revise the Fee/Rates of the following Arms Dealership License in Balochistan…
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