| Citation(s) |
|---|
| 2020 SLG 1298 2020 SLD 1298 2020 PLD 242 |
Sindh High Court
Constitutional Petitions Nos. D-1731 of 2014, D-5841 of 2018along with Constitutional Petitions Nos. D-5528, D-5529,D-5530, D-5531, D-5532, D-5533, D-5534 and D-6866 of 2019;decided on 3rd February, 2020, hearing Date : 27-01-2020.
MOHAMMED KARIM KHAN AGHA AND OMAR SIAL, JJ
Makhdoom Ai Khan, Senior Advocate Supreme Court as Amicus Curie.Salman Talibuddin, Advocate-General, Sindh.Farmanullah, Associate of Asim Iqbal, for OGRA and SSGCL.Ms. Rozeena Issa, Associate of Khaleeq Ahmed for Mari Petroleum.Obaid-ur-Rehman Kha
Constitutional Petitions Nos. D-1731 of 2014, D-5841 of 2018along with Constitutional Petitions Nos. D-5528, D-5529,D-5530, D-5531, D-5532, D-5533, D-5534 and D-6866 of 2019;decided on 3rd February, 2020, hearing Date : 27-01-2020.
MOHAMMED KARIM KHAN AGHA AND OMAR SIAL, JJ
Makhdoom Ai Khan, Senior Advocate Supreme Court as Amicus Curie.Salman Talibuddin, Advocate-General, Sindh.Farmanullah, Associate of Asim Iqbal, for OGRA and SSGCL.Ms. Rozeena Issa, Associate of Khaleeq Ahmed for Mari Petroleum.Obaid-ur-Rehman Kha
QURBAN ALI SHAH AND OTHERSVSFEDERATION OF PAKISTAN THROUGH FEDERAL SECRETARY AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 90(1),153,154,187(1)
(a) Constitution of Pakistan--- ----Art. 90(1)---Directive issued by the Prime Minister---No binding effect---Directive of the Prime Minister on its own had no legal binding effect; it was merely an administrative order which the Prime Minister was at liberty to follow up and ensure its implementation through his good offices and take whatever action in accordance with law that he deemed appropriate in order to have his directive complied with. (b) Constitution of Pakistan--- ----Arts. 153, 154 & Fourth Sched. Pt. II, Sr No. 2---Council of Common Interest (CCI), powers of---Scope---Natural gas---Council of Common Interest (CCI) could formulate and regulate policies in respect of Gas, however making decisions regarding who paid for such policies was outside the domain of the CCI if an existing law passed by an Act of Parliament or regulation or rule or policy stemming from such law was already in the field dealing with the issue. (c) Constitution of Pakistan--- ----Arts. 153, 154 & 187(1)---Council of Common Interest (CCI), powers of---Scope---Supreme Court, of---Judgment of the Supreme Court which had reached finality could not be set aside, changed, modified or varied by the Council of Common Interest---Judgments of the Supreme Court which had attained finality were absolutely legally binding on those who they affected, who must comply with the same or potentially face action under the law for such non-compliance. (d) Constitution of Pakistan--- ----Arts. 187 & 189---High Court bound by /directions of the Supreme Court---High Court had no authority under the Constitution to determine whether a direction of the Supreme Court had been passed legally or not or was implementable---Under the Constitution a High Court was bound by a Supreme Court once it had reached finality and was bound to follow it and implement it. (e) Constitution of Pakistan--- ----Arts. 154 & 187(2)---Natural Gas Regulatory Authority (Licencing) Rules, 2002, R. 20(v)---Natural Gas Allocation and Management Policy, 2005, Para. 6.2---Council of Common Interest, powers of---Scope---Implementation of of the Supreme Court (to be bound) by the High Court---Ministry of Petroleum and Natural…
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