Law: Constitution of Pakistan, 1973

Section: 18

Law: Constitution of Pakistan, 1973

Section: 18

Constitution of Pakistan (1973)-------Arts. 18 & 199---Constitutional petition---Right to conduct any lawful trade or business---Petitioner was black-listed and that too in a manner that he could not do business with any concerned department---Said order had been passed without any show-cause notice or opportunity of hearing---Constitution guaranteed the right of a citizen to conduct any lawful trade or business; subject to regulations of said trade or business---Right being so guaranteed under Art.18 of the Constitution, same could not be taken away by black-listing the petitioner otherwise than in accordance with law---Minimum requirement was a notice clearly stating the allegations which could under the applicable law or rule be a ground for black-listing and then a fair opportunity of hearing---No rule or regulation in accordance with which petitioner had been black-listed, had been shown---Impugned order which had been passed without any such proceedings and having no backing of law or rule was declared to be void and without lawful authority and was set aside. Khalid Saif Ullah Khan for Petitioner. Hifz-ur-Rehman for Respondent No. 1. Date of hearing: 17th April, 2008. JUDGMENT MAULVI ANWARUL HAQ, J.--- According to the contents of this writ petition, several purchase orders (Annexure "A") were placed upon the petitioner by the respondent No.1. He commenced and made some supply. However, could not complete the same within the stipulated time because of illness and other reasons as well which were intimated to the respondents. However, it was decided to cancel the said purchase orders and to make purchases at the risk and cost of the petitioner. The petitioner protested and ultimately received a letter on 21-6-2008 (Annexure "I") whereby the petitioner was black-listed. This document was circulated in all the relevant formations. 2. Learned counsel for the petitioner contends that the respondent No.1 was not at all competent to black-list the petitioner-firm and that too in a manner that he cannot do business with any concerned department. According to the learned counsel, the order has been passed, without any show-cause notice or opportunity of…

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