| Citation(s) |
|---|
| 2024 SLG 5816 2024 SLD 5816 = 2024 CLC 1787 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Writ Petition No.1791 of 2023, heard on 15th November, 2023.
Before Jawad Hassan, J
Jamal Mehmood Butt for Petitioner. Malik Muhammad Siddique Awan, Additional Attorney General along with Arshad Mahmood Malik and Tahir Raheel Awan, Assistant Attorney Generals. Asim Shahbaz Malik for
Respondent No.1/Ombudsman. Ahmad Nawaz Khan for
Respondent No.2 Muhammad Wasiq Hassan and Hassan Mabroor for
Respondent No.3.
Writ Petition No.1791 of 2023, heard on 15th November, 2023.
Before Jawad Hassan, J
Jamal Mehmood Butt for Petitioner. Malik Muhammad Siddique Awan, Additional Attorney General along with Arshad Mahmood Malik and Tahir Raheel Awan, Assistant Attorney Generals. Asim Shahbaz Malik for
Respondent No.1/Ombudsman. Ahmad Nawaz Khan for
Respondent No.2 Muhammad Wasiq Hassan and Hassan Mabroor for
Respondent No.3.
SUI NORTHERN GAS PIPELINES LTD.----Petitioner
VERSUS
WAFAQI MOHTASIB and others----Respondents
Law: Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983
Section: 2(1),3,9
Law: Constitution of Pakistan, 1973
Section: 199
(a) Interpretation of statutes-------Preamble---Object, purpose and scope---Preamble to a statute is not operational part of enactment but it is a gateway, which discusses purpose and intent of the Legislature to necessitate legislation on the subject---Preamble also sheds clear light on goals that the Legislator aims to secure through introduction of such law--Preamble of a statute holds a pivotal role for the purposes of interpretation in order to dissect true purpose and intent of law.Director General, FIA and others v. Kamran Iqbal and others 2016 SCMR 447 rel.(b) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of1983)-------Arts.2(1), 3 & 9---Constitution of Pakistan, Art. 199---Constitutional petition--Mal-administration---Gas connection, providing of---Payment of urgent fee before cutoff date---Petitioner / Sui Northern Gas Pipeline Company was aggrieved of direction issued by Ombudsman to provide gas connection to respondent / complainant---Validity---Matter agitated in complaint was related to non-provision of new gas connection which was denied by petitioner company---Such action of petitioner company as "Agency" was in terms of Art. 2(1) of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983---Order in question was unreasonable, unjust, oppressive and arbitrary, which amounted to maladministration falling within the ambit of Art. 9 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 for the purpose of exercise of jurisdiction by Ombudsman in the matter to undo act of administrative excess--Ombudsman rightly observed that respondent / complainant should not be penalized of such a ban where he had paid Urgent Fee before cutoff date---High Court declined to interfere in order passed by Ombudsman as the same did not suffer from any legal infirmity or jurisdictional defect---Constitutional petition was dismissed in circumstances.Oil and Gas Regulatory Authority through Chairperson and others v. Sui Northern Gas Company Limited through Chairperson and others 2023 SCMR 908; Wafaqi Mohtasib Secretariat, Islamabad and others v. SNGPL, Lahore and…