| Case ID |
67add1b4-b536-4a1d-b805-adc7dab3a328 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos. 5437 of 1993, 9510 and 5865 of |
| Decision Date |
Apr 18, 2003 |
| Hearing Date |
Mar 31, 2003 |
| Decision |
The Lahore High Court dismissed the writ petitions filed against the privatization of certain state-owned enterprises, ruling that the petitioners lacked locus standi. The court held that the actions of the Federation regarding privatization were lawful as the necessary constitutional procedures were not violated. The court emphasized that no provincial government had opposed the privatization, which indicated a lack of dispute over the process. The judgment reinforced that the constitutional provisions regarding the Council of Common Interests must be adhered to, but in this instance, it found no evidence of such opposition from the provincial governments. The court concluded that the petitioners could not invoke the extraordinary jurisdiction under Article 199 of the Constitution due to their lack of standing in this matter. |
| Summary |
This case revolves around the constitutional validity of the privatization of state-owned enterprises in Pakistan. The Lahore High Court examined three writ petitions challenging the actions of the Federation regarding the transfer of shares and management of various entities without prior consultation with the Council of Common Interest. The court ruled that the petitioners lacked the necessary standing to challenge these actions, as no provincial government had raised objections. The decision underscored the importance of adhering to constitutional provisions, particularly those concerning the Council of Common Interest and the processes outlined in the Constitution of Pakistan. This ruling is significant in the context of privatization policies in Pakistan and addresses the balance of power between the federal and provincial governments, particularly in economic reforms. It highlights the necessity for proper channels of consultation in matters of national economic interest, emphasizing the role of the Council of Common Interests in the privatization process. Keywords: privatization, Council of Common Interest, constitutional law, Lahore High Court, economic reforms. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMAD,
MIAN SAQIB NISAR,
MIAN HAMID FAROOQ
|
| Lawyers |
Dr. A. Basit,
Makhdoom Ali Khan,
Sher Zaman,
M.Saleem Sehgal,
Abid Aziz Sheikh
|
| Petitioners |
KHALID MAHMOOD and others
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad and 74 others
|
| Citations |
2003 SLD 3331,
2003 PLD 629
|
| Other Citations |
1997 SCMR 641,
PLD 1997 SC 582,
1994 SCMR 782,
PLD 1971 SC 811,
1995 SCMR 362,
PLD 1993 SC 473,
PLD 1992 SC 646,
1994 SCMR 2142,
PLD 1977 SC 397,
PLD 1995 SC 66,
PLD 1998 SC 161,
PLD 1991 Kar. 1,
PLJ 1997 SC 13,
2000 PLC (C.S.) 587,
1996 MLD 705,
PLD 1996 Kar. 27,
C.P.S.L.A. No.750 of 2002,
1992 SCMR 2121,
PLD 1992 Lah. 68,
1994 SCMR 1758,
1979 SCMR 172,
1999 CLC 603,
1999 MLD 122,
1992 MLD 1372,
1999 Lah. 139,
PLD 1996 SC 725,
PLD 1991 Lah. 78,
PLD 1998 Lah. 90
|
| Laws Involved |
Constitution of Pakistan (1973),
Transfer of Managed Establishments Order [P.O. No.12 of 1978],
Economic Reforms Order [P.O. No. 1 of 1972],
Privatization Commission Ordinance (LII of 2000)
|
| Sections |
153,
154,
184(1),
22,
28
|