| Case ID |
36eeaa6f-d7c4-4d2c-96fb-8940b3e58cc2 |
| Body |
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| Case Number |
C.A. Nos. 215 & 216 of 2020 |
| Decision Date |
Aug 21, 2020 |
| Hearing Date |
Aug 13, 2020 |
| Decision |
The Supreme Court of Pakistan accepted the appeals filed by the Ministry of Kashmir Affairs and Gilgit Baltistan against the judgment of the Azad Jammu and Kashmir High Court, which had directed the Project Director to issue a letter of acceptance to the respondent-firm, ZK Associates. The Court found that the High Court's jurisdiction was improperly exercised as it issued directions to parties beyond its jurisdiction, specifically concerning the federal government and its authorities. The requirement for the bid security to be in the name of the joint venture was emphasized, and the failure of the respondents to comply with this requirement led to the rejection of their bid. The Supreme Court established that the authority to accept or reject bids lay with the competent authority and that the High Court could not interfere in such matters. The judgment of the High Court was set aside, and the writ petition filed by the respondent-firm was dismissed with no order as to costs. |
| Summary |
This case revolves around the legality of the bid acceptance process for the construction of the Legislative Assembly Complex in Azad Jammu and Kashmir. The Supreme Court of Pakistan addressed the jurisdiction of the High Court of Azad Jammu and Kashmir and the requirements for bidding processes, specifically focusing on the necessity of bid security being in the name of a joint venture. The Court highlighted the importance of adhering to procedural rules in public procurement and the authority of the competent body to evaluate and accept bids. The ruling reinforces legal principles regarding jurisdiction, tendering processes, and the rights of parties in public contracts, making it significant for future procurement cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RAJA SAEED AKRAM KHAN, AC.J.,
GHULAM MUSTAFA MUGHAL, JUSTICE
|
| Lawyers |
Mr. Sajid Ali Bhatti, Additional Attorney General,
Mr. Bashir Ahmed Mughal, Advocate for Appellants (in C.A. No. 215 of 2020),
Raja Amjad Ali Khan, Advocate for Respondent (in C.A. No. 215 of 2020),
Syed Ashfaq Kazmi, Advocate for Proforma-Respondent No. 4 (in C.A. No. 215 of 2020),
Barrister Humayun Nawaz Khan, Advocate for Appellant (in C.A. No. 216 of 2020),
Raja Amjad Ali Khan, Advocate for Respondents (in C.A. No. 216 of 2020)
|
| Petitioners |
MINISTRY OF KASHMIR AFFAIRS AND GILGIT BALTISTAN, GOVERNMENT OF PAKISTAN THROUGH SECRETARY, ISLAMABAD AND OTHERS
|
| Respondents |
M/S. ZK ASSOCIATES (PVT.) LIMITED THROUGH AUTHORITIES REPRESENTATIVE AND OTHERS
|
| Citations |
2021 SLD 2249,
2021 PLJ 43
|
| Other Citations |
PLD 2008 SC 735,
PLD 1997 SC 334,
PLJ 1983 SC 230,
PLD 1987 SC (AJK) 99
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
42(10)
|