| Case ID |
2cac024a-4b72-4f6c-89c8-6e2e1d392ff0 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 160-L of 1995 |
| Decision Date |
Jul 30, 1996 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to Mian Muhammad Nawaz Sharif against the Lahore High Court's dismissal of his Writ Petition No. 4100 of 1994. The High Court had dismissed the petition on the grounds of locus standi, asserting that the petitioner lacked the legal standing to challenge the refusal of the Civil Aviation Authority to permit the operation of a helicopter he imported. The petitioner contended that he had a financial interest in the helicopter due to the customs duty paid, which exceeded thirty lacs of rupees. The Supreme Court found merit in the petitioner's arguments regarding the High Court's interpretation of locus standi, referencing previous cases that supported the notion that financial interest in a matter can confer standing. The Court noted that the refusal to allow the helicopter to fly appeared to lack legal justification and suggested potential political victimization. Consequently, the Supreme Court's decision to grant leave indicates a willingness to revisit the legal principles concerning locus standi and the procedural rights of petitioners who have incurred financial obligations related to imported goods. |
| Summary |
In the landmark case of Mian Muhammad Nawaz Sharif vs. Federation of Pakistan, the Supreme Court of Pakistan addressed critical issues surrounding the locus standi of a petitioner in matters of import and export regulations. The case arose after the petitioner, a former Prime Minister, faced challenges with the operation of a helicopter he imported under specific conditions mandated by the Imports and Exports (Control) Act of 1950. The High Court had dismissed his petition, stating he lacked standing. However, the Supreme Court revisited this dismissal, emphasizing the importance of financial interest in determining locus standi. This case highlights key themes in administrative law, particularly regarding the rights of individuals against state authorities and the judicial interpretation of standing in legal proceedings. The decision has significant implications for future cases involving imported goods and the rights of petitioners, reinforcing the principle that financial interests can establish a sufficient basis for legal standing in the face of governmental refusal. This case is pivotal for legal practitioners and scholars focusing on import regulations and administrative justice in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH, C.J.,
RAJA AFRASIAB KHAN,
MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
|
| Lawyers |
Ch. Muhammad Farooq, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Raja M. Bashir, Deputy Attorney-General for Respondents
|
| Petitioners |
Mian MUHAMMAD NAWAZ SHARIF
|
| Respondents |
8 others,
FEDERATION OF PAKISTAN through Secretary, Ministry of Defence, Government of Pakistan, Islamabad
|
| Citations |
1997 SLD 522,
1997 SCMR 1356
|
| Other Citations |
Mian Fazal Din v. Lahore Improvement Trust PLD 1969 SC 223,
Muhammad Afzal v. Government of Pakistan 1987 SCMR 2078,
Abdur Rauf v. Muhammad Iqbal 1991 SCMR 483
|
| Laws Involved |
Imports and Exports (Control) Act, 1950
|
| Sections |
3
|