| Citation(s) |
|---|
| 1963 SLG 3506 = 1963 SLD 3506 = 1963 PLD 981 |
Sindh High Court
Writ Petition No. 482 of 1961, decided on 20th June 1963.
Presented By: Qadeeruddin Ahmad and H. T. Raymond, J
Mrs. Salima Nasiruddin for Petitioner. Muzaffar Hassan for
Respondents 1 & 2. Dates of hearing : 13th March, 21st and 23rd May, 1963.
Writ Petition No. 482 of 1961, decided on 20th June 1963.
Presented By: Qadeeruddin Ahmad and H. T. Raymond, J
Mrs. Salima Nasiruddin for Petitioner. Muzaffar Hassan for
Respondents 1 & 2. Dates of hearing : 13th March, 21st and 23rd May, 1963.
BILAL AHMAD MALIK-Petitioner
VERSUS
SECRETARY, MINISTRY OF COMMERCE, GOVERNMENT OF PAKISTAN, RAWALPINDI THE CHIEF CONTROLLER OF IMPORTS AND EXPORTS, KARACHI,AND (3) STATE BANK OF PAKISTAN, KARACHI ---Respondents
Law:
Section:
Writ-Scheme, formulated by Government, having no statutory force but all the same having roots in authority conferred on respon sible officers of State by Statutes and affecting activities and conduct of members of public-Violation of scheme renders exercise of authority by Government arbitrary and as such legally objectionable and, therefore, justiciable-Constitution of Pakistan (1956), Art. 170. Pakistan and another v. Hussain Ali Shah P L D 1960 S C (Pak.) 310 rel. JUDGMENT QADEERUDDIN AHMAD, J.-This is an old petition which was presented on the 17th of October 1961, and was admitted to regular hearing on the 1st of December 1961 by Wahiduddin Ahmad and Bashir Ahmad, JJ. The petitioner has requested that three orders of respondent No. 1. The Secretary, Ministry of Commerce, Government of Pakistan (Annexures A/9, B/1 and B/3), one order of respondent No. 2, the Chief Controller of Imports and Exports (Annexure A/7) and two orders of respon dent No. 3, the State Bank of Pakistan (Annexures A/1 and A/2) be quashed by issuing a writ in the nature of certiorari. He has further requested for mandamus to be issued directing the respondents to grant bonus vouchers to him. The allegations of the petitioner are that he is a registered exporter and that havingacted in accordance with the Public Notice issued by the Government of Pakistan to implement the Scheme of granting bonus vouchers in foreign exchange for encouraging exports of this country, he has become entitled to 40 per cent bonus on the proceeds of the carpets of Iranian origin which were processed in Pakistan and were exported by him, The relevant facts are that the Government of Pakistan evolved and introduced ascheme on the 15th of January 1959; under which the exporters of certain "commodities and manufactured goods of Pakistan" were entitled to receive bonus vouchers representing various percentages of the foreign exchange earned by them. In pursuance of that scheme a Public Notice was issued in the Extraordinary Gazette of Pakiqtan, dated the 16th of January 1959, setting out the categories .of those "commodities and manufactured goods of Pakistan",…