| Citation(s) |
|---|
| 2009 SLG 646 2009 SLD 646 2009 CLC 1391 |
Lahore High Court
Writ Petition No.4717 of 2009, decision dated: 15-07-2009
MIAN SAQIB NISAR, J
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Writ Petition No.4717 of 2009, decision dated: 15-07-2009
MIAN SAQIB NISAR, J
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IMTIAZ RASHEED QURESHI
VS
FEDERATION OF PAKISTAN through Secretary, Ministry of Power, Islamabad and 4 others
Law: Standard Time (Interpretation of References) Ordinance, 1943
Section: 2
Law: Standard Time (Interpretation of References) Ordinance, 1943
Section: 2
Law: Constitution of Pakistan, 1973
Section: 25
(a) Standard Time (Interpretation of References) Ordinance (VI of 1943)-------S. 2---Rules of Business (Federal Government) Sched.2, Item No.14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Advancement of the time by one hour in the Pakistan standard time made by the Federal Government---Validity---On account of Sched.2, Item No.14 of the Federal Government Rules of Business, fixation of time was the subject of the Interior Division, and on a summary prepared by the PEPCO routed through the Ministry of Water and Power, the Interior Division with the consultation of the whole cabinet had advanced the time, therefore, the question of illegality and/or invalidity in that behalf had no substance---Record also showed that decision of advancement of time by one hour was not whimsical in any manner, rather had been taken under the compelling circumstances of acute energy shortage---Said action could not be termed as irrational, arbitrary, capricious or unfair, besides the decision in question was the policy matter of the Government and when no vice of the nature was established, High Court, while exercising its constitutional jurisdiction, was not supposed to sit as an Appellate Forum over the administrative decision---Plea of invalidity of the policy was repelled. (b) Constitution of Pakistan (1973)--- ----Arts. 199 & 25---Constitutional petition---Load-shedding---Contention of the petitioner was that load-shedding/management was being done in grave discriminatory manner, as some privileged, persons/institutions had been exempted for no rationale behind that, whereas the entire nation was facing the misery of the load-shedding, which was disproportionate, unscheduled and unannounced, thus, the poor people of the country were being put to suffer on account of the load-shedding in the simmering heat; he had also made reference to the devastating effect being caused to the industrial and agricultural sector of the country on that account, especially in terms of financial loss, unemployment, and price hike of the, essential commodities of life---Petitioner had suggested that High Court should constitute a Commission to look into all these…
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