| Case ID |
08680284-3b8f-4787-a2e4-8415f85231a8 |
| Body |
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| Case Number |
Constitutional Petitions Nos. 6540 and 6379 of 201 |
| Decision Date |
Mar 09, 2020 |
| Hearing Date |
Feb 17, 2020 |
| Decision |
The Sindh High Court dismissed the constitutional petitions filed by Arwen Tech (Private) Ltd. against the Federal Board of Revenue's tender process for the implementation of a track and trace system for tobacco products. The court held that the petitioners failed to demonstrate any justification for invoking its constitutional jurisdiction, as alternate forums for dispute resolution were available. The court emphasized that it is within the purview of the High Court to judicially review the commercial actions of state enterprises, but the petitioners did not establish any legal infirmity in the bidding process. Consequently, the petitions were dismissed, allowing the petitioners the opportunity to seek redress through other appropriate legal avenues. |
| Summary |
In the case of Arwen Tech (Private) Ltd. v. Federation of Pakistan, the Sindh High Court addressed the maintainability of constitutional petitions challenging the tender process for a track and trace system for tobacco products. The court ruled that the petitioners, who had participated in the tender process as a joint venture, could not invoke constitutional jurisdiction due to the existence of alternate dispute resolution mechanisms. The court found that the petitioners did not provide sufficient evidence of any legal errors or breaches of natural justice in the tender process. This judgment highlights the importance of following established administrative procedures and the courts' reluctance to interfere in commercial matters of state enterprises without compelling justification. The case underscores the necessity for bidders to utilize available legal remedies in procurement disputes. The decision, delivered on March 9, 2020, serves as a precedent for similar cases involving public procurement and judicial review in Pakistan, reinforcing the principle that courts should not intervene in commercial decisions unless clear legal violations are demonstrated. |
| Court |
Sindh High Court
|
| Entities Involved |
Federal Board of Revenue,
National Radio Telecommunication Corporation
|
| Judges |
MOHAMMAD ALI MAZHAR,
AGHA FAISAL
|
| Lawyers |
Haider Waheed,
Zoha Sirhindi,
Kafeel Ahmed Abbasi,
Irfan Memon,
Ali Ibrahim
|
| Petitioners |
ARWEN TECH (PRIVATE) LTD.
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY LAW AND ANOTHER
|
| Citations |
2020 SLD 2430,
2020 MLD 2049
|
| Other Citations |
2016 CLC 1,
2015 MLD 1790,
2011 MLD 1876,
2015 PLC 45,
2015 CLD 257,
2011 SCMR 1990,
2001 SCMR 574,
PLD 2001 SC 415,
PLD 2011 SC 44,
PLD 2007 SC 642,
Bismillah Metal Impex v. Federation of Pakistan and others (CP D-7061 of 2017),
Province of Sindh v. Abdul Sattar Arbani (CP 655-K of 2018) and connected matters,
Suo Motu Case 13 of 2009 PLD 2011 SC 619,
Otsuka Pakistan Limited v. Province of Sindh and others (CP D-881 of 2019),
Guinault SA PA Orieans Sologne v. Federation of Pakistan and others (CP D-2531 of 2019),
Mir Shabbir Ali Khan Bijarani and others v. Federation of Pakistan 7 others PLD 2018 Sindh 603 ref.
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|