Law: Constitution of Pakistan, 1973

Section: 199

SUMMARY When a petitioner failed in displaying his bonafides in a writ of quo warranto, a constitutional court may exercise restraint and refuse to issue writ of quo warranto.     🔹 Summary The Court decided two connected writ petitions together as they involved identical facts and legal questions regarding the appointment of Respondent No. 3 in the National Tariff Commission (NTC). The Petitioners (importers affected by NTC proceedings) challenged: The dual appointment of Respondent No. 3 in both the Competition Commission of Pakistan (CCP) and NTC. His delayed assumption of office at NTC. His later appointment as Acting Chairman without fresh recruitment and allegedly bypassing seniority. They invoked a writ of quo warranto, questioning the legal authority of Respondent No. 3 to hold public office. The Court held: Writ of quo warranto is discretionary and requires bona fide intention. Petitioners had personal/commercial interest, not purely public interest. The matter was already pending before the Islamabad High Court, so judicial propriety applied. The appointment challenged was temporary/interim. 👉 Final Outcome: Court declined to interfere (neither upheld nor set aside appointment). Directed government to: Start process for permanent Chairman within 30 days Complete appointment within 3 months 🔹 Laws & Sections Involved Statutes / Legal Framework Constitution of Pakistan (Article 199 – Writ Jurisdiction) National Tariff Commission Act, 2015 Legal Remedy Writ of Quo Warranto Key Case Laws Cited Jawad Ahmad Mir v. Prof. Dr. Imtiaz Ali Khan (2023 SCMR 162) Muhammad Hanif Abbasi v. Jahangir Khan Tareen (PLD 2018 SC 114) Dr. Muhammad Naseem Khan v. Dr. Shahzad Ali Khan (2023 PLC(CS)N 8) Dr. Khalil Ur Rehman v. Government of Punjab (2015 PLC(CS) 793) Muhammad Sadique v. Muhammad Hussain (1983 CLC 2734) Tariq Mehmood A. Khan v. Sindh Bar Council (2011 YLR 2899) Muhammad Shahid Akram v. Government of Punjab (2016 PLC (C.S.) 1335) Mirza Luqman Masud v. Government of Pakistan (2015 PLC (C.S.) 526) Dr. Y.S. Rajasehara Reddy v. Nara Chandrababu Naidu (AIR 2000 A.P. 142) 🔹 Important Legal Principles Quo warranto ensures lawful…