Case Details

Citation(s)
2019 SLG 74 2019 SLD 74 2019 PLJ 1
Sindh High Court
C.P. No. D-2987 of 2018, decision Dated: 03.08.2018. Datesof hearing: 31, 05, 06, 08, 13, 20 and 26.06.2018.
MUHAMMAD ALI MAZHAR, JUSTICE AGHA FAISAL, JUSTICE
Petitioner(s) by: Mr. Anwar Mansoor Khan & Mir Muhammad Ali Talpur, AdvocatesMr. Salman Talibuddin, Addl. A.G. for Pakistan assisted by Mr. Abdullah and Ms. Alizeh Bashir, Advocate. Shaikh Liaquat Hussain, Asstt.A.G.

REPRESENTATIVE AND OTHERSVSPAKISTAN POST AND ANOTHER

Law: Constitution of Pakistan, 1973

Section: 18,24,25,199

Law: Pakistan Postal Services Management Board Ordinance, 2002

Section: 11

Law: Companies Ordinance, 1984

Section: 2(e)

Law: Pakistan Post Office Act, 1898

Section: 2,2(i),3,4,5

Constitution of Pakistan, 1973-- ----Arts. 18, 24, 25 & 199--Constitutional petition--Pakistan Post Office Act, 1898, Ss. 2, 3, 4 & 5--Pakistan Postal Services Management Board Ordinance, 2002, S. 11--Statutory organization--Partnership with private entrepreneur--Request for public partnership--Bidder was obliged to build partnership with Pakistan Post--Company was formed as "Pakistan Post Logistics Company" to provide services--Pakistan policy on public private partnership--Challenge to--A cautious scrutiny of Pakistan Post Logistics document designed to submit "Request For Proposal" (RFP) makes obvious that Pakistan Post through a private sector participation intends to launch a project that would be implemented in public private partnership to optimize current courier and express parcel services by integrating with existing international system--It obvious that Pakistan Policy on Public Private Partnership (Private Participation in Infrastructure for Better Public Services) was approved by Economic Coordination Committee (ECC) of Cabinet on January 26th, 2010--On 29th May, 2014 National Economic Council approved manuscript of Pakistan Vision 2025 in which one of components was Public Private Partnership (PPP)--Council decided to promote Public Private Partnership through 8 comprehensive policy regime that would be used for better infrastructure development and improving connectivity to facilitate Private Sector Growth. Post Office Act, 1898-- ----S. 2(i)--An expression "postal article" includes a letter, postcard, newspaper, printed paper or small packet, parcel and every article or thing transmissible by post--In clause (k), expression "Post Office" means department established for purpose of carrying provisions of this Act into effect and presided over by Director General Sanguine to controversy onboard, we consider it quite apt to reproduce Section 3, 4 and 5 of Post Office Act, 1898 for ease of convenience. Company Ordinance, 1984 (XLVII of 1984)-- ----S. 2(e) Company infrastructure--Company means "Infrastructure Project Development (DF), a corporate entity registered and operating under provisions of Companies Ordinance, 1984. Agreement--…
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