Law: Constitution of Pakistan, 1973

Section: 78(2)(a),199

Law: Public Procurement Regulatory Authority Ordinance (XXII of 2002)

Section: 2(j),2(l),2(o),2(k)

Law: Public Procurement Rules, 2004

Section: R.3,14(a),20,42

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition before the High Court---Maintainability---Antecedents of petitioner, significance of---High Court had the inherent jurisdiction to assess whether a breach of trust or a violation of public law had taken place and if so then it was incumbent upon the High Court to rectify the breach---Identity or antecedents of the petitioner in such matters paled into insignificance. Popular International (Pvt.) Ltd. v. Province of Sindh PLD 2016 Sindh 19 and Salahuddin Dharaj v. Province of Sindh PLD 2013 Sindh 236 ref. (b) Public Procurement Rules, 2004--- ----R. 3---Constitution of Pakistan, Art. 199---Public procurement---Constitutional petition challenging award of contract to a company for arranging the International Defense Exhibition And Seminar ("IDEAS 2020")---Maintainability---Present petition raised a very serious issue as wrongdoing had been attributed in respect of the award of an international exhibition hosted by the country, and notwithstanding the ultimate decision arrived at, the present petition could not be deemed to be frivolous---Court was duty bound to determine whether there was any infirmity in award of the contract---Award of a contract by a public functionary that lacked transparency could be scrutinized in a Constitutional petition---Award of public sector contract without a transparent competitive bidding process was also considered to be within the domain of judicial review---Present Constitutional petition was maintainable and warranted determination upon the merits thereof. Adam Sugar Mills Limited v. Federation of Pakistan and others 2012 CLD 1734 and Habibullah Energy and another v. WAPDA and others PLD 2014 SC 47 ref. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition before the High Court---Maintainability---Reasonableness in decision making---High Court could see whether there was any infirmity in the decision making process and whether the decision maker correctly applied the law---Test to apply in such cases was to consider whether the impugned action satisfied the test of reasonableness---Question whether the impugned action was arbitrary or not…

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