| Case ID |
231f4d90-8398-40f7-82bb-4a81d023d854 |
| Body |
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| Case Number |
Constitutional Petitions Nos. 771 of 2009, 219 of |
| Decision Date |
Aug 30, 2014 |
| Hearing Date |
Jul 09, 2014 |
| Decision |
The Balochistan High Court set aside the sale proceedings of certain properties owned by Pakistan Railways due to non-compliance with the stipulated bid conditions. The court emphasized the need for transparency in public auctions and declared that the failure of successful bidders to make timely payments significantly compromised public interest. The court directed that Pakistan Railways must either offer the properties to the Government of Balochistan at the maximum bid price minus the provincial share or invite fresh bids with proper publicity. The court underscored the importance of ensuring that public assets are disposed of in a manner that serves the public interest and maximizes revenue for public use. |
| Summary |
In a landmark decision, the Balochistan High Court addressed the constitutional petitions concerning the sale of Pakistan Railways' properties, which raised significant public interest issues. The court ruled on the maintainability of the petitions, emphasizing that even if a petitioner had personal interests, the court would not dismiss the petitions if they highlighted serious transgressions affecting public interest. The court found that the auction process lacked transparency, as properties were not adequately advertised, leading to bids that fell below market value. The failure of bidders to comply with payment terms resulted in a decision to set aside the sale proceedings. The court directed that the properties should be offered to the Government of Balochistan or that fresh bids should be invited, ensuring maximum publicity to protect public assets. This case underscores the principles of public interest litigation and the necessity for transparency in government dealings, reinforcing the role of the judiciary in safeguarding public assets. |
| Court |
Balochistan High Court
|
| Entities Involved |
Pakistan Railways,
Government of Balochistan
|
| Judges |
MUHAMMAD EJAZ SWATI,
MUHAMMAD QAHIR SHAH,
QAZI FAEZ ISA
|
| Lawyers |
Muhammad Qahir Shah,
Abdul Wali Nasir,
Aitzaz Ahsan,
Gohar Ali Khan,
Syed Ayaz Zahoor,
Sher Shah Kasi,
Tariq Ali Tahir,
Shai Haq
|
| Petitioners |
Muhammad Qahir Shah,
Abdul Wali Nasir
|
| Respondents |
FEDERATION OF PAKISTAN,
MINISTRY OF RAILWAYS,
Sher Shah Kasi,
Tariq Ali Tahir,
Shai Haq,
Syed Ayaz Zahoor
|
| Citations |
2014 SLD 1019,
2014 YLR 2571
|
| Other Citations |
G.J. Fernandez v. State of Karnataka, AIR 1990 SC 958,
Akhtar Hassan Khan v. Federation of Pakistan 2012 SCMR 455,
Suo Motu Case No.13 of 2009 PLD 2011 SC 619,
Nagar Nigam, Meerut v. Al Faheem Meat Exports (Pvt.) Ltd. (2007) 1 Supreme 704,
Ram and Shyam Co. v. State of Haryana AIR 1985 SC 1147,
Haji T.M. Hasan v. Kerala Financial Corpn. AIR 1988 SC 157
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|