Case Details

Citation(s)
2012 SLG 1591 2012 SLD 1591 2012 SCMR 1651
Supreme Court of Pakistan
Constitutional Petition No.91, C.M.A. No.2624 of 2011 andConstitutional Petition No.57 of 2012, decision dated:29-06-2012
NASIR-UL-MULK, ASIF SAEED KHAN KHOSA AND SH. AZMAT SAEED, JJ

Raja MUJAHID MUZAFFAR and othersvsFEDERATION OF PAKISTAN and others

Law:

Section:

(a) Constitution of Pakistan-------Art. 184(3)---Jurisdiction under Art.184(3) of the Constitution---Public interest litigation---Locus standi of petitioner---Scope---Jurisdiction of Supreme Court under Art.184(3) of the Constitution was not a closed shop limited to adversarial proceedings to be initiated by a wronged litigant seeking redressal of his individual grievance---Rule of locus standi included enforcement of the constitutional rights of groups or class of persons, and public at large especially in the domain of public interest litigation to ensure a meaningful protection of the rule of law to all citizens. Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416; Mian Muhammad Nawaz Sharif v. President of Pakistan and others PLD 1993 SC 473; Dr. Akhtar Hassan Khan and others v. Federation of Pakistan and others 2012 SCMR 455 and Muhammad Yaseen v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others PLD 2012 SC 132 ref. (b) Public Procurement Rules, 2004--- ----Rr. 2(1)(g), 5, 14(a), 42(c)(ii) & (v)---Public Procurement Regulatory Authority Ordinance (XXII of 2002), Preamble---Constitution of Pakistan, Art.184(3)---Constitutional petitions under Art.184(3) of the Constitution calling into question the award of a contract to a foreign company for procurement of goods, equipment and services for the purpose of establishing a surveillance and monitoring system--- Maintainability--- Judicial review--- Scope---Procurement through public money---Sale of public property---Supreme Court in exercise of its jurisdiction of judicial review conferred by Art.184(3) of the Constitution could scrutinize matters where public money was being expended through procurement or public property was being sold, so as to ensure that transactions were undertaken and contracts executed in a transparent manner, legally, fairly and justly without any arbitrariness or irrationality---Supreme Court can exercise jurisdiction under Art.184(3) of the Constitution to scrutinize transactions undertaken by the Government so as to ensure that public money and public property was not squandered or stolen---Petitions under Art.184(3) of…
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