| Case ID |
2bcfca59-a8ed-4989-a682-0496fcb41d70 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 8199 of 2017 |
| Decision Date |
Jan 23, 2018 |
| Hearing Date |
Jan 23, 2018 |
| Decision |
The Lahore High Court allowed the petition, ruling that the appointments made by the Prime Minister to key positions in the Water and Power Development Authority (WAPDA) were arbitrary and violated the principles of transparency and due process. The court emphasized the need for a structured process for appointments to ensure fairness and inclusiveness, as mandated by the Constitution. The judgment highlighted that WAPDA, being a statutory authority, must adhere to established legal frameworks for appointments to maintain its operational independence and effectiveness. The court ordered the Federal Government to implement a transparent recruitment process for future appointments within a stipulated timeframe. |
| Summary |
In the landmark case of W.P. No. 8199 of 2017, the Lahore High Court addressed significant issues concerning the legality and transparency of appointments within the Water and Power Development Authority (WAPDA). The petitioners challenged the appointments made by the Prime Minister, arguing that they lacked due process and were made without proper advertisement or objective criteria, which are essential under the Constitution of Pakistan. The court found that the appointments were arbitrary, capricious, and whimsical, violating the core principles of good governance and the constitutional norms intended to ensure equality and fairness in public sector appointments. The judgment underscored the importance of establishing a structured and transparent appointment process, as it not only upholds the rule of law but also reinforces the integrity of public institutions. The court mandated that future appointments be made in consultation with the Council of Common Interest, ensuring that policies related to WAPDA are developed collaboratively. This case sets a precedent for accountability and transparency in public sector appointments, emphasizing that adherence to due process is crucial for maintaining public trust and institutional integrity. |
| Court |
Lahore High Court
|
| Entities Involved |
Water and Power Development Authority
|
| Judges |
Syed Mansoor Ali Shah, Chief Justice,
Chodri Asif Khokhar
|
| Lawyers |
Syed Mujib-ul-Hassan, Advocate for Petitioners,
Mr. Nasar Ahmed, Deputy Attorney General for Pakistan,
Mr. Ahmar Bilal Soofi, Advocate for Respondent Nos. 3 & 4,
Mr. Ghulam Ali Raza, Advocate for Respondent Nos. 3 & 4,
Mr. Daud Aziz Khokhar, Advocate for Respondent Nos. 3 & 4,
Mr. Saad Rasool, Advocate for Respondent Nos. 5-9
|
| Petitioners |
|
| Respondents |
Federation of Pakistan
|
| Citations |
2018 SLD 411,
2018 PLJ 462
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Water and Power Development Authority Act, 1958
|
| Sections |
4,
10-A,
154,
199,
3(2),
4(1)(2),
5,
6,
8,
11,
17,
18,
22,
28
|