| Citation(s) |
|---|
| 2021 SLG 2279 2021 SLD 2279 2021 PLD 113 |
Sindh High Court
Constitutional Petition No. 5954 of 2016, decided on 5th December, 2019, Date of Hearing: 30th October, 2019.
MUHAMMAD ALI MAZHAR, JUSTICE, AGHA FAISAL, JUSTICE
M. Asad Iqbal and Usman Tufail Shaikh for Petitioner. Ishrat Zahid Alvi, Assistant Attorney General, Jawad Dero, Additional Advocate General and S. M. Zafar Imam, Deputy Director, Marine Fisheries Department for
Respondents.
Constitutional Petition No. 5954 of 2016, decided on 5th December, 2019, Date of Hearing: 30th October, 2019.
MUHAMMAD ALI MAZHAR, JUSTICE, AGHA FAISAL, JUSTICE
M. Asad Iqbal and Usman Tufail Shaikh for Petitioner. Ishrat Zahid Alvi, Assistant Attorney General, Jawad Dero, Additional Advocate General and S. M. Zafar Imam, Deputy Director, Marine Fisheries Department for
Respondents.
COSMIC RESOURCES (PVT.) LIMITED THROUGH DIRECTOR
VS
GOVERNMENT OF PAKISTAN THROUGH SECRETARY, MINISTRY OF PORT AND SHIPPING, ISLAMABAD AND 5 OTHERS
Law:
Section:
Deep Sea Fishing Licensing Policy, 2018--- ----Pleadings, non-amendment of---Effect company was aggrieved of refusal of authorities to grant stern trawler licences for Deep See Fishing---Validity intended to obtain fishing licences pursuant to a policy of year 1995, which was no longer in field claimed to be aggrieved by omission of a category in subsequent policy of year 2018---Such assertion was not included in petition nor any permission of Court was ever solicited to amend the petition suitably---Once 2018 Policy was notified reservations of petitioner with respect to dismissal of its applications pursuant to 1995 Policy became redundant---Reservations with regard to 2018 Policy were alien to pleadings and no efforts was ever made by petitioner to amend memorandum of petition suitably failed to demonstrate any discrimination, lack of jurisdiction and/or partiality on behalf of authorities---High Court in exercise of Constitutional jurisdiction declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Jahanzaib Malik v. Balochistan Public Procurement Regulatory Authority and others 2018 SCMR 414 and Shahid Pervez v. Ejaz Ahmed 2017 SCMR 206 ref. JUDGMENT AGHA FAISAL, JUSTICE:---.--- The petitioner, being a private limited company, has filed the present petition seeking to set aside the minutes (“Impugned Minutes”) of the 49th meeting dated 10.08.2016 (“Meeting”) of the Inter-Ministerial Scrutiny Committee Marine Fisheries Department Government of Pakistan (“Committee”) and has further sought directions to call an emergent meeting of the Committee to consider alleged notes of dissent, preferred by the two members of the Committee, in respect of the Meeting. By way of illustration, it is considered appropriate to reproduce the prayer clause herein below: 1. “Under the above circumstances, it is most humbly prayed that this constitutional petition may kindly be allowed and a writ may kindly be issued specifically directing the Respondent No.1 to cancel, withdraw, rescind and set aside the wrongly recorded minutes and decision as un-authentical, biased, un-implementable being unlawful and being an act of the respondents as…
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