| Citation(s) |
|---|
| 2021 SLG 2349 2021 SLD 2349 2021 PLD 418 |
Sindh High Court
Constitutional Petition No. D-3004 of 2020, decided on 17thAugust, 2020, Dates of hearing: 4th, 5th and 7th August,2020.
MOHAMMAD KARIM KHAN AGHA, JUSTICE, OMAR SIAL, JUSTICE
Makhdoom Ali Khan, Abdul Sattar Pirzada, Ghulam Hussain Shah, Samiur Rehman, Komal Anwar and Fahad Khan for Petitioners.Kashif Sarwar Paracha, Additional Attorney General for Pakistan and Mukesh Kumar Khatri, Assistant Attorney General for Pakistan for
Constitutional Petition No. D-3004 of 2020, decided on 17thAugust, 2020, Dates of hearing: 4th, 5th and 7th August,2020.
MOHAMMAD KARIM KHAN AGHA, JUSTICE, OMAR SIAL, JUSTICE
Makhdoom Ali Khan, Abdul Sattar Pirzada, Ghulam Hussain Shah, Samiur Rehman, Komal Anwar and Fahad Khan for Petitioners.Kashif Sarwar Paracha, Additional Attorney General for Pakistan and Mukesh Kumar Khatri, Assistant Attorney General for Pakistan for
MIRPURKHAS SUGAR MILLS LIMITED THROUGH WASIF KHALID AND 19 OTHErsVSFEDERATION OF PAKISTAN THROUGH SECRETARY, CABINET DIVISION, ISLAMABAD AND 9 OTHERS
Law: Constitution of Pakistan, 1973
Section: 4,10-A,14,25
Law: Pakistan Commissions of Inquiry Act, 2017
Section: 3,10
(a) Constitution of Pakistan--- ----Arts. 4, 10-A, 14 25---Rule of law, fair trial, dignity of man and discrimination---Good governance---Dealing with crime---Principle---Any form of corruption, tax evasion, money laundering, illegal cartelization needs to be stamped out with an iron hand---Such must be done in accordance with law and by following due process as mandated by Art. 10-A of the Constitution so that every suspect has a fair opportunity to clear his name and position---Only through the Executive following the law, acting in accordance with law and treating every one equally before law and jealously guarding suspects, due process rights and dignity as mandated by Arts. 4, 25, 10-A 14 of the Constitution, is the rule of law and good governance, which enhances faith of people in democratic system to grow. (b) Pakistan Commission of Inquiry Act (IX of 2017)--- ----Ss. 3 10---Constitution of Pakistan, Arts. 10-A, 14 199---Constitutional petition---Inquiry Commission---Constitution and its powers---Gazette notification, requirement of---Audi alteram partem, principle of---Due process of law---Dignity of man-sugar mills were aggrieved of proceedings by Inquiry Commission constituted by Federal Government to determine causes for shortage of sugar in the market---Validity---If a Commission was constituted under Ss. 3 10 of Pakistan Commission of Inquiry Act, 2017, by Federal Government then it was mandatory for that Commission to be notified in official gazette---Constitution of the Commission was not published in official Gazette until the Commission had submitted its report had no notice that Commission had come into existence and had no opportunity to challenge its creation if they so desired until after the Commission had submitted its report---It was incumbent for the Commission to give each and every petitioner and sugar miller the opportunity of being heard including petitioner before making damaging comments, observations, findings, recommendations against petitioners and other sugar mill owners in its report---None of the officers of petitioners were given opportunity to be heard by the Commission or confronted with any document or given any chance…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492