Law: Post office Act, 1898

Section: 4,3

Law: Privatisation Commission Ordinance, 2000

Section: 2(i)

Law: Constitution of Pakistan, 1973

Section: 18,24,25,199

Law: Public Private Partnership Authority Act, (VIII of 2017)

Section: 4,8,6,13,15

(a) Post Office Act (VI of 1898)--- ----Ss. 4 & 3---Public Private Partnership Authority Act (VIII of 2017), Ss. 4, 8, 6, 13 & 15---Privatization Commission Ordinance (LII of 2000) S. 2(i)---Constitution of Pakistan, Arts. 18, 24 & 25---Pakistan Post Office---Exclusive privilege of conveying letters reserved to the Government---Public-private partnership agreements under the Public Private Partnership Authority Act, 2017---Powers and functions of the Board under the Public Private Partnership Authority Act, 2017---Fundamental Rights---Freedom of trade, business or profession and non-discrimination---Legality of public-private partnership agreements---Scope---Question before the High Court was whether the Pakistan Post Office, under the Post Office Act, 1898 was going beyond its statutory domain by entering into a public-private partnership by issuing a "request for proposal" and "tender" to form a company for postal and logistical services---Contention of petitioners, inter alia, was that same amounted to privatization of the Pakistan Post Office and formation of a monopoly which would impede right of petitioners, who were courier/postal/logistics companies; under Arts.18, 24 & 25 of the Constitution---Held, that Privatization Commission Ordinance, 2000 had a different premise and impugned request for proposal under the provisions of Public Private Partnership Authority Act, 2017 could not be equated with privatization but was an agreement for a public-private partnership with certain terms and conditions under the applicable law---Contention that impugned action violated of Art.18 of the Constitution was not applicable since intended public-private partnership under the Public Private Partnership Authority Act, 2017 in any case was not likely to affect or prejudice rights of petitioners to carry out their business; nor any monopoly was to be created---Present petition was motivated by self-interest of petitioners to avoid healthy competition---Even if it were assumed that under the Post Office Act, 1898 services/business in the impugned "request for proposal"/tender were not included in said statute, even then there was neither any bar nor any embargo that…

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