| Citation(s) |
|---|
| 2019 SLG 391 2019 SLD 391 2019 SCMR 221 |
Supreme Court of Pakistan
Civil Review Petitions Nos. 412, 413 of 2014 in Civil Appeals Nos. 1223, 1224 of 2014 and Civil Appeals Nos. 1223, 1224 and Civil Petitions Nos. 2061 and 2189 of 2014, decision Dated: 01-01-2019. Hearing Dated: 14-11-2018.
IJAZ UL AHSAN, JUSTICE SAJJAD ALI SHAH, JUSTICE
Petitioner(s) by: Muhammad Ahmed Qayyum, Advocate Supreme Court on behalf of Malik Muhammad Qayyum, Senior Advocate Supreme Court (in C.R.Ps. Nos. 412, 413/2014 and C.P. No.2189 Muhammad Ali Raza, Advocate Supreme Court and Tariq Aziz, Advocate-on-Re
Civil Review Petitions Nos. 412, 413 of 2014 in Civil Appeals Nos. 1223, 1224 of 2014 and Civil Appeals Nos. 1223, 1224 and Civil Petitions Nos. 2061 and 2189 of 2014, decision Dated: 01-01-2019. Hearing Dated: 14-11-2018.
IJAZ UL AHSAN, JUSTICE SAJJAD ALI SHAH, JUSTICE
Petitioner(s) by: Muhammad Ahmed Qayyum, Advocate Supreme Court on behalf of Malik Muhammad Qayyum, Senior Advocate Supreme Court (in C.R.Ps. Nos. 412, 413/2014 and C.P. No.2189 Muhammad Ali Raza, Advocate Supreme Court and Tariq Aziz, Advocate-on-Re
PAKISTAN OLYMPIC ASSOCIATION THROUGH PRESIDENT AND OTHERS
VS
NADEEM AFTAB SINDHU AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199(1)(a),199(5)
Law: Pakistan Olympic Association Election Rules, 2012
Section: 37
(a) Constitution of Pakistan--- ----Arts.199(1)(a) & 199(5)---Constitutional petition---Maintainability---Function test---Scope---Pakistan Olympic Association ("Association")---Question as to whether the Association was a 'person' performing public functions in connection with the affairs of the Federation under Art. 199 of the Constitution---Association organized National Games, represented Pakistan at international sporting events, scrutinised, approved, and guaranteed the candidature of any city or organisation applying for staging international sporting events, and was also responsible for the promotion and development of sports in Pakistan---None of the said functions involved the exercise of sovereign power or public power, and did not constitute a function or duty of the State---Although athletes selected by the Association represented the flag of Pakistan, but it was important to note that it was not exclusively state managed organisation who may bear the flag of Pakistan or incorporate it into their identity---No functions of the State involving sovereign or public power were being exercised by the Association---Federal Government approved the selection of contingents and gave its consent to the Association representing Pakistan at international events, but the same did not amount to executive control---Federal Government did not exercise decision making authority even if the Pakistan Sports Board was involved in scrutinising and approving teams---As per paragraph No.19 of the Aims and Objectives provided in the Association's own Constitution, "its autonomy, dignity and independence in accordance with the Olympic Charter" was not to be compromised, hence, the Federal Government did not exercise substantial control on, or have dominance in the controlling affairs of the Association---Furthermore, the Federal Government did provide funding to defray the costs of sending contingents to the Olympics, however the private activities and other management of the organization was funded by the Association itself---Overall activities of the organization were independent and the bulk of the activities carried out were privately funded---Single…
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