Case Details

Citation(s)
2012 SLG 1131 2012 SLD 1131 2012 PLD 132
Supreme Court of Pakistan
Constitutional Petition No.42 of 2011, decision dated:4-10-2011. (Constitutional Petition under Article 184(3) ofConstitution of Islamic Republic of Pakistan)
MIAN SHAKIRULLAH, JAN, JAWWAD S. KHAWAJA AND KHILJI ARIF HUSSAIN, JJ

MUHAMMAD YASIN-vsFEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad and others

Law:

Section:

(a) Constitution of Pakistan-- ----Art. 184(3)---Constitutional jurisdiction under Art.184(3) of the Constitution---Scope---Exercise of jurisdiction by Supreme Court is not dependent on the existence of a petitioner---Supreme Court can exercise jurisdiction under Art.184(3) of the Constitution even where a legal proceeding in respect of the same matter was pending or hand been finally decided by High Court. Suo Motu Case No.10 of 2009 (2010 SCMR 8845) ref. (b) Constitution of Pakistan--- ----Part II, Chap. I [Arts. 8 to 28]---Fundamental rights---Scope---People of Pakistan have fundamental rights that they be governed by a State which provides effective safeguards for their economic well-being; a State which protects, inter alia, the belongings and assets of the State and its citizens from waste and malversation---Constitution is not silent on issues which affect economic life of nation and its citizens---Constitution contains a whole range of Articles which have a direct nexus with good economic governance and fundamental rights. Munir Hussain Bhatti, Advocate and others v. Federation of Pakistan and another PLD 2011 SC 407 rel. (c) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----S. 3---Constitution of Pakistan, Arts. 3, 4, 5(2), 9, 14, 18, 23, 24 & 184(3)---Suo motu powers of Supreme Court---Scope---Fundamental rights---Appointment of Chairman of Oil and Gas Regulatory Authority---Eligibility---Rights of citizens would be adversely affected if Chairman or other Members of Oil and Gas Regulatory Authority are appointed though they are not eligible---Any increase in consumer prices, which results from lack of competence or integrity or because of inefficient regulation would result in depriving citizens of their fundamental rights guaranteed by Arts.9, 14, 18, 23 and 24 of the Constitution because scales would impermissibly stand tilted against citizens and in favour of those engaged in regulated activities---If taxes or fees are spent in violation of law, it would amount to breach of Arts.3, 4 and 5(2) of Constitution and would also constitute denial of citizen's fundamental rights guaranteed by Arts 9, 14, 18, 23 and 24 of the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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