| Case ID |
174816ce-ab3f-46a6-9eae-20fe3efaf3fd |
| Body |
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| Case Number |
Civil Petition No. 355 of 1998 |
| Decision Date |
Nov 11, 1998 |
| Hearing Date |
Nov 05, 1998 |
| Decision |
The Quetta High Court ruled that the actions of the Government of Balochistan regarding the procurement of wheat from U.S. Traders were unconstitutional and illegal. The court emphasized the need for transparency and fairness in government transactions, particularly in public procurement. The court found that the authorities had engaged in a secret deal without inviting open tenders, violating the constitutional rights of other traders, including the petitioner. The court declared that every citizen has an equal right to participate in trade and that all government transactions must be conducted openly to prevent corruption and favoritism. As a result, the actions taken by the authorities were deemed to have no legal consequence. |
| Summary |
This case revolves around a constitutional petition filed by Zahir Enterprises against the Government of Balochistan and U.S. Traders concerning the procurement of wheat. The petitioner alleged that the government had entered into a secret contract with U.S. Traders for the supply of 100 million metric tons of wheat without issuing public tenders, thus violating constitutional provisions regarding fair trade practices. The court found that the actions of the government were not only unfair but also illegal, as they undermined the principles of transparency and equal opportunity enshrined in Articles 18 and 25 of the Constitution of Pakistan. The ruling underscored the importance of open competition in public contracts to ensure fairness and prevent corruption, setting a precedent for future procurement processes. The decision emphasizes the necessity for government entities to adhere to legal frameworks that promote accountability and transparency in public dealings. This case is significant in the context of public procurement laws and the rights of traders, marking a critical point in the enforcement of constitutional rights in commercial dealings. |
| Court |
Quetta High Court
|
| Entities Involved |
Government of Balochistan,
Zahir Enterprises,
U.S. Traders
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
AMANULLAH KHAN
|
| Lawyers |
Mr. Mujeeb Ahmad Hashmi,
Mr. Ehsanul Haq
|
| Petitioners |
Zahir Enterprises
|
| Respondents |
Government of Balochistan,
U.S. Traders
|
| Citations |
1999 SLD 666,
1999 MLD 3112
|
| Other Citations |
AIR 1979 SC 1628,
PLD 1992 Kar. 283,
1995 M L D 15,
1996 M L D 1238,
PLD 1997 SC 342,
1997 S C M R 1043,
PLD 1997 Kar. 627,
1998 M L D 474,
1998 M L D 219,
1992 C L C 219,
PLD 1991 SC 14,
1992 M L D 293,
PLD 1995 SC 342,
1997 S C M R 103,
PLD 1995 SC 530
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
18,
25,
199
|