| Citation(s) |
|---|
| 2019 SLG 2425 2019 SLD 2425 2019 CLC 1444 |
Sindh High Court
C.P. No. D-846, D-1360, D-2082 of 2015, D-6171, D-6546 of2016, D-284, D-499 of 2017, H.C.A. No. D-348, D-376 of 2016and D-149 of 2017, decision Dated: 11-12-2017. Dates ofhearing: 2nd, 29 and 30th November, 2017.
SYED HASSAN AZHAR RIZVI, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Ravi R. Pinjani (in C.Ps. Nos.D-6171 and D-6546 of 2016).Basil Nabi Malik (in H.C.As. Nos. 348, 376 of 2016 and H.C.A. No. 149 of 2017) and for
Respondents (in C.P. No.6546 of 2016).
Respondent(s) by: Faisal Mahmood Ghani (in C.P. No.
C.P. No. D-846, D-1360, D-2082 of 2015, D-6171, D-6546 of2016, D-284, D-499 of 2017, H.C.A. No. D-348, D-376 of 2016and D-149 of 2017, decision Dated: 11-12-2017. Dates ofhearing: 2nd, 29 and 30th November, 2017.
SYED HASSAN AZHAR RIZVI, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Ravi R. Pinjani (in C.Ps. Nos.D-6171 and D-6546 of 2016).Basil Nabi Malik (in H.C.As. Nos. 348, 376 of 2016 and H.C.A. No. 149 of 2017) and for
Respondents (in C.P. No.6546 of 2016).
Respondent(s) by: Faisal Mahmood Ghani (in C.P. No.
CDR (R) MANSOOB ALI KHAN AND OTHERSVSFEDERATION OF PAKISTAN AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199,199(1)(a)(ii)(5)
Law: Removal from Service (Special Powers) Ordinance (XVII of 2000)
Section: 3,5
(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Company registered under Companies Ordinance, 1984 funded by Federal Government or Provincial Government and/or fully controlled or owned by Federal or Provincial government is subject to jurisdiction of High Court and a writ is maintainable against such company. Ramna Pipe and General Mills (Pvt.) Ltd. v. Sui Northern Gas Pipe Lines (Pvt.) 2004 SCMR 1274 rel. (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3 & 5---Constitution of Pakistan, Art. 199(1)(a)(ii) & (5)---Statutory corporation---Constitutional jurisdiction of High Court---Scope---Appellant company was aggrieved of order passed by Single Judge of High Court declaring petitions filed by respondents as maintainable---Plea raised by appellant company was that it (Company) was not under control of Federal Government and could not be construed as "person" in terms of Art. 199(5) of the Constitution---Validity---Appellant company fell within defined category of 'person' performing functions in connection with affairs of Federation under Art. 199(1)(a)(ii) read with Art. 199(5) of the Constitution---High Court had jurisdiction to intervene under Art. 199 of the Constitution---Division Bench of High Court declined to interfere in order passed by the Single Judge of High Court---Intra-court appeal was dismissed in circumstances. Ali Azhar Khan Baloch and others v. Province of Sindh 2015 SCMR 456; PTCL and others v. Masood Ahmed Bhatti and others 2016 SCMR 1362; Nasiruddin Ghouri v. Federation of Pakistan 2010 PLC 323; Pakistan Telecommunication Company Ltd v. Iqbal Nasir PLD 2011 SC 132; Masood Ahmed Bhatti v. Federation of Pakistan 2012 PLC (C.S.) 470; Pir Bux v. Chairman PLD 1987 SC 145; Multiline Associate v. Ardeshir Cowasjee PLD 1995 SC 423; Jane Margret William v. Abdul Hamid Mian 1994 SCMR 1555; Capital Development Authority v. Khuda Baksh and 5 others 1994 SCMR 771; Shams-ul-Haq and others v. Mst. Ghoti and 8 others 1991 SCMR 1135; Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539; Province of Sindh and another v. Muhammad Ilyas and others 2016 SCMR 189; Engineer…
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