| Citation(s) |
|---|
| 2001 SLG 1331 2001 SLD 1331 2001 PLD 116 |
Supreme Court of Pakistan
Civil Petitions Nos. 2073-L, 2287-L and 2313-L of 2000, decision dated: 12-10-2000. (On appeal from the judgment of the Lahore High Court, Lahore dated 11-8-2000 passed in Writ Petition No. 13109 of 2000)
QAZI MUHAMMAD FAROAQ, MIAN MUHAMMAD AJMAL AND DEEDAR HUSSAIN SHAH, JJ
Irfan Qadir, Advocate Supreme Court and Ejaz Ahmed Khan, Advocate-on-Record (absent) (in C.P. No. 2073L of 2000). Muhammad Afzal Sandhu, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record (absent) (in C.P. No. 2287L of 2000). Abid Hassan Mi
Civil Petitions Nos. 2073-L, 2287-L and 2313-L of 2000, decision dated: 12-10-2000. (On appeal from the judgment of the Lahore High Court, Lahore dated 11-8-2000 passed in Writ Petition No. 13109 of 2000)
QAZI MUHAMMAD FAROAQ, MIAN MUHAMMAD AJMAL AND DEEDAR HUSSAIN SHAH, JJ
Irfan Qadir, Advocate Supreme Court and Ejaz Ahmed Khan, Advocate-on-Record (absent) (in C.P. No. 2073L of 2000). Muhammad Afzal Sandhu, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record (absent) (in C.P. No. 2287L of 2000). Abid Hassan Mi
Messrs ITTEHAD CARGO SERVICE and 2 others
VS
Messrs SYED TASNEEM HUSSAIN NAQVI and others (in all s)
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art 199---Constitutional jurisdiction of High Court---Concluded contract whether open to judicial review---High Court in exercise of its Constitutional jurisdiction was possessed of power to examine the validity of-order in-regard to grant of a concluded contract and strike down the same on the grounds of mala fide, arbitrary exercise of discretionary power, lack of. transparency, discrimination and unfairness etc., provided the challenge was made promptly and contentious questions of facts were not involved. Messrs Airport- Support Services v. The Airport Manager, Quaid-i-Azam International Airport,' Karachi and others 1998 SCMR 226-8 and Messrs Pacific Multinational-(Pvt.) Ltd. v.. Inspector-General of Police, Sindh Police Headquarters and 2 others PLD 1992 Kar. 283 ref. (b) Constitution of Pakistan (1973)-------Arts. 185 & 199---Constitutional petition---Auction proceedings---Offer by an outsider after auction was concluded---Assailing of concluded contract before High Court in exercise of Constitutional petition---Vigilance Directorate did not recommend the party for pre-qualification as such the party was not allowed to take party in the auction proceedings---Party made an offer of Rs.8 crores for the contract. after the auction was concluded---High Court allowed the Constitutional petition and directed the Authorities to reauction the contract making Rs.8 crores as baseline---Validity---Where the party had not participated in the open auction on account of rejection of his application for pre-qualification it was not supposed to make the offer---Pre-qualification Committee was not obliged to consider an offer made by any outsider after conclusion of the auction---Administrative decision challenged by the party neither lacked transparency nor was tainted with mala tides nor was unfair, unjust or unreasonable nor based on bias or favouritism and discretion vested in the Authority had been properly structured by reference to objective standards which were not exercised arbitrarily---Petition for leave to appeal was converted in appeal by Supreme Court and of High Court was set aside. JUDGMENT QAZI MUHAMMAD…
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