| Citation(s) |
|---|
| 2001 SLG 729 2001 SLD 729 2001 PLD 1 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 366-P, 372-P, 373-P, 374-P, 375-P, 376-P, 381-P, 382-P, 383-P, 384-P, 393-P, 394-P, 395-P, 396-P, 397-P, 398-P, 399-P, 400-P and 401-P of 2000, decision dated: 12-10-2000
IRSHAD HASAN KHAN, C.J. AND CH. MUHAMMAD ARIF, J
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Civil Petitions for Leave to Appeal Nos. 366-P, 372-P, 373-P, 374-P, 375-P, 376-P, 381-P, 382-P, 383-P, 384-P, 393-P, 394-P, 395-P, 396-P, 397-P, 398-P, 399-P, 400-P and 401-P of 2000, decision dated: 12-10-2000
IRSHAD HASAN KHAN, C.J. AND CH. MUHAMMAD ARIF, J
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DIRECTOR FOOD, N.-W.F.P. and anothers
VS
Messrs MADINA FLOUR AND GENERAL MILLS (PVT.) LTD. and 18 others
Law: Constitution of Pakistan, 1973
Section: 18,25
(a) North-West Frontier Province (Supply of Wheat to Flour Mills) Act (XIV of 1999)------Ss. 2(c) & 3---Constitution of Pakistan (1973), Arts. 18 & 25---Vires of statute---Provisions of S.2(c) & S.3 of North-West Frontier Province (Supply of Wheat to Flour Mills) Act, 1999 are ultra vires of the Constitution being in conflict with its Arts. 18 & 25 as the same give unfettered and arbitrary powers of determination of wheat quota to the Government without laying down the methodology or guidelines for such determination. (b) North-West Frontier Province (Supply of Wheat to Flour Mills) Act (XIV of 1999)-----S. 2(a)---Constitution of Pakistan (1973), Arts.18 & 25---Vires of statute---Provisions of S.2(a), North-West Frontier Province (Supply of Wheat to Flour Mills) Act, 1999 are not violative of the Constitution. (c) Discretion------General principles---Discretionary decision is to be made according to rational reasons which means that there be findings of primary facts based on good evidence and decisions. about the facts be made for reasons which serve the purposes of the statute in an intelligible and reasonable manner---Actions which do not meet these threshold requirements are arbitrary and might be considered as a misuse of powers. Government of N.-W.F.P. through Secretary v. Mejee Flour and General Mills,. (Pvt.) Ltd., Mardan 1997 SCMR 1804 and N.-W.F.P. through Secretary Food, Agriculture and Livestock Department v. Messrs Fawad Flour Mills Civil Petitions Nos.284-P and 329-P of 1997 ref. (d) North-West Frontier Province (Supply of Wheat to Flour Mills) Act (XIV of 1999)------Ss. 2(c) & 3---Constitution of Pakistan (1973), Arts. 141, 18 & 25 read with Fourth Sched.---Provincial Legislature though was competent to promulgate appropriate legislation for abolishing wheat quota or to regulate the supply of the same provided the Fundamental Rights contained to the Constitution were not violated and threshold-requirements of exercise of discretion were met. Government of N.-W.F.P. through Secretary v. Mejee Flour and General Mills (Pvt.) Ltd., Mardan 1997 SCMR 1804 and N.-W.F.P. through Secretary Food, Agriculture and Livestock…
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