| Citation(s) |
|---|
| 2022 SLG 1127 2022 SLD 1127 2022 PLD 267 |
Supreme Court of Pakistan
Civil Appeals Nos. 421 to 423 of 2018, 19-K of 2019, CivilPetition No. 852 of 2018, C.M.A. No. 5668 of 2020 in C.A.No. 421 of 2018, C.M.A. No. 5669 of 2020 in C.A. No. 421 of2018, C.M.A. No. 955 of 2017 in C.A. No. 421 of 2018, C.M.A.No. 956 of 2017 i
GULZAR AHMED, C.J., FAISAL ARAB, JUSTICE, IJAZ UL AHSAN, JUSTICE
Sohail Mehmood, Additional Attorney General for Pakistan for Appellants (in C.As. Nos. 421 to 423 of 2018).Ch. Akhtar Ali, Advocate-on-Record along Ikram-ul-Haque Qureshi, Sr. Legal Counsel head of Privatization Commission of Pakistan for
Respondents (i
Civil Appeals Nos. 421 to 423 of 2018, 19-K of 2019, CivilPetition No. 852 of 2018, C.M.A. No. 5668 of 2020 in C.A.No. 421 of 2018, C.M.A. No. 5669 of 2020 in C.A. No. 421 of2018, C.M.A. No. 955 of 2017 in C.A. No. 421 of 2018, C.M.A.No. 956 of 2017 i
GULZAR AHMED, C.J., FAISAL ARAB, JUSTICE, IJAZ UL AHSAN, JUSTICE
Sohail Mehmood, Additional Attorney General for Pakistan for Appellants (in C.As. Nos. 421 to 423 of 2018).Ch. Akhtar Ali, Advocate-on-Record along Ikram-ul-Haque Qureshi, Sr. Legal Counsel head of Privatization Commission of Pakistan for
Respondents (i
PRIVATIZATION COMMISSION THROUGH SECRETARY AND OTHERSVSAFTAB HUSSAIN AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 97,154,154(1)
(a) Constitution of Pakistan--- ----Art. 97---Executive authority of the Federal Government---Scope---Extent of the executive authority of the Federation is not absolute rather circumscribed by other Constitutional provisions---Executive authority of the Federation, to be exercised by the Federal Government/Federal Cabinet, is subordinated to the Constitutional division of powers among different State organs. Messrs Mustafa Impex Karachi and others v. The Government of Pakistan through Secretary Finance, Islamabad and others PLD 2016 SC 808 ref. (b) Constitution of Pakistan--- ----Arts. 97, 154 , Fourth Sched., Pt. II, Entry No. 3---Benazir Employees Stock Option Scheme (the Scheme’)---Whether the Federal Cabinet’s decision in approving the Scheme is in violation of Art. 154 of the Constitution---Held, that in terms of Art. 154(1) of the Constitution read with Entry No.3 of Part II of the Federal Legislative List (FLL), the formulation and regulation of policies in relation to all schemes of institutions, establishments, bodies and corporations, industries, projects and undertakings owned wholly or partially by the Federation or by a corporation set up by the Federation falls in the domain of Council of Common Interests (CCI)---In the present case the Federal Cabinet was not competent to take a policy decision of approving the Scheme relating to SOEs and other Government of Pakistan Shareholdings---Scheme in question was declared to be in violation of Art. 154 of the Constitution. The Benazir Employees Stock Option Scheme (the Scheme’) emerged from a decision taken by the cabinet to empower the employees of State Owned Enterprises (SOEs) and other Government of Pakistan Shareholdings through transfer of shares and representation on the Board. A substantial portion of government holding in SOEs and other Government of Pakistan Shareholdings i.e. 12% shares was to be transferred for free. Thus, huge amount of public money was involved in the matter. The Scheme was not limited to one or two government enterprises but was designed generally for all the SOEs and other Government of Pakistan Shareholdings. It is evident that the cabinet’s decision to launch the…
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