Law: Constitution of Pakistan, 1973

Section: 199, 4, 9, 18, 23, 24, 25

Summary: The High Court dismissed the constitutional petition in limine, holding that BRT and mass transit projects are executive policy matters and that judicial interference would amount to judicial overreach. Sections/Articles Used: Article 199, 4, 9, 18, 23, 24, 25 Constitution 2 Two-Word Descriptions: Judicial Overreach Petition Dismissed ORDER SHEET 1.           Urgent application is allowed. 2-4. The Petitioner has invoked the jurisdiction of this Court under Article 199 of the Constitution, impugning the BRT/Mass Transit Projects being initiated by the Official Respondents in Karachi and other areas, with it being said that the same hinge on massive foreign and domestic loans, incurring a huge financial burden on the public at large due to the consequent imposition of taxes, and it being alleged that the Projects venue otherwise remain incomplete and are commercially unviable, resulting in wastage of public funds. It is said that such acts violate Articles 4, 9, 23, 24 and 25 of the Constitution, with it also being averred that as Pakistan is a capitalist country, the monopolization of the transport business by the Government through loan financed projects violates Article 18 of the Constitution. On that basis, it is sought that such acts be declared unconstitutional and illegal; the Respondents be directed to provide details of the loan amounts and purchases of buses; and to handover the same to the public, who ought to run/operate them instead.   Having considered the matter, we are of the view that the Petition does not present a fit case for issuance of a writ as the matter squarely falls within the domain of the executive branch as per the well-established principle of trichotomy of powers and the interference sought would result in judicial overreach, which has been repeatedly deprecated by the Honourable Supreme Court. If any authority is required in that regard, one need look no further than the judgments rendered in the cases reported as Mian Irfan Bashir vs. The Deputy Commissioner (D.C) Lahore and others, PLD 2021 Supreme Court 571, and Chief Executive Officer, Multan Electric Power…