Law: Contract, Act, 1872

Section: 23

(a) Contract Act (IX of 1872), S. 23-Constitution opposed to public policy-Use of position and influence with Government Officer in procuring benefit fur other party being consideration of contract-Contract, held, opposed to public policy and hence void. Any contract is illegal which tends to corruption in the administration of the affairs of the nation. A familiar example of a transaction offensive to this principle is a contract for the buying, selling or procuring of favours from the public officers. It is obvious that all such contracts must have a material influence to diminish the respectability, responsibility and purity of public officers, and to introduce a system of official patronage, corruption and deceit wholly at war with the public interest. An agreement of this character hold out to inducing the public officers to act with partiality or from corrupt motives or to bias them in the discharge of their official duties, such conduct, if tolerated, would sap the foundation on which official honesty rests and legalize temptations which could lead away from the path of rectitude many an official who, without such inducements, might perform their duty. These principles are indisputable guidelines in any organized society but in a country like ours these must be strictly enforced. The place where public duty is performed is meant to be a hallowed place; therefore the foot pace and the precincts thereof are to be preserved from scandal and corruption. Whatever the change in the concept of public morals the hiring of a person for money or valuable consideration so as to use his position and influence in official quarters for procuring monetary benefit for a third party, must continue to be regarded as being against public policy. The exercise of such influence, or the use of such contacts, for monetary considerations must clearly be held to be against public policy in all systems of civilized and clean administration. The need for emphasizing and reiterating this principle was never greater in Pakistan than during recent years when unfortu nately corruption in its various forms assumed ugly proportions. No Court should be a party to the enforcement of a…