| Case ID |
7fb4d6ff-a844-4663-8d99-9eabd0347d00 |
| Body |
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| Case Number |
Writ Petition No. 1177 of 1995 |
| Decision Date |
Jan 31, 1995 |
| Hearing Date |
Jan 31, 1995 |
| Decision |
The Lahore High Court dismissed the writ petition in limine, stating that the issues raised were political in nature and fell within the policy-making prerogative of the Government. The Court held that the petition was not maintainable as it did not include necessary parties and was politically motivated. The Court emphasized that the integrity of Pakistan's territorial sovereignty is the duty of every citizen and that the Government had no intention to alienate any part of Pakistan's territory, including the Coastal Areas of Balochistan and Gawadar Port. |
| Summary |
In the case of Writ Petition No. 1177 of 1995, M.D. Tahir filed a petition against the Federation of Pakistan regarding alleged plans to alienate the Coastal Region of Balochistan, particularly the strategic Gawadar port area. The petitioner argued that such actions would violate the integrity of Pakistan's territorial sovereignty as mandated by the Constitution. The Court, presided over by CH. MUSHTAQ AHMAD KHAN and ACID MUHAMMAD AQIL MIRZA, ruled that the issues raised were political and therefore non-justiciable. The Court concluded that the petition was politically motivated and dismissed it, asserting the government's commitment to safeguarding Pakistan's sovereignty. The case highlights the delicate balance between national interests and international agreements, especially in the context of foreign investments in underdeveloped regions. The decision underscores the importance of constitutional mandates in maintaining territorial integrity and the role of the judiciary in addressing politically sensitive matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Sultan Qabus of Oman
|
| Judges |
CH. MUSHTAQ AHMAD KHAN,
ACID MUHAMMAD AQIL MIRZA
|
| Lawyers |
Birjees Nagi,
Faqir Muhammad Khokhar
|
| Petitioners |
M.D. TAHIR
|
| Respondents |
FEDERATION OF PAKISTAN,
others
|
| Citations |
1995 SLD 1081 = 1995 CLC 1039
|
| Other Citations |
Haji Hashmat Ullah and others v. Karachi Municipal Corporation and others 1975 SCMR 359,
Hakim Khan and 3 others v. Government of Pakistan through Secretary: Interior and others PLD 1992 SC 595,
The Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan, Works Division and 2 others PLD 1972 SC 279,
Mian Muhammad Nawaz Sharif v. President of Pakistan and others PLD 1993 SC 473,
Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416,
Karamat Hussain and others v. Muhammad Zaman and others PLD 1987 SC 139,
Managanbhai Ishwarbhai Patel v. Union of India and another AIR 1969 SC 783,
N. Masthan Sahib and S.S. Reddiar. v. Chief Commissioner, Pondicherry and another AIR 1962 SC 797,
The Superintendent, Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others PLD 1969 SC 485,
R.C. Poundyal v. Union of India and others AIR 1993 SC 1804,
Nargis Shaheen v. Federation of Pakistan and 5 others PLD 1993 Lah. 732,
Chhetriya Pardushan Mukti Sangharsh Samiti v. State of UP and others AIR 1990 SC 2060,
Inder Mohan Bhardwaj v. Union of India and others AIR 1980 Delhi 20,
Ram Kishore Sen and others v. Union of India and others AIR 1966 SC 644,
Nasrullah Khan Henjra v. Government of Pakistan, Ministry of Interior and Norcotics Control, Islamabad and 3 others PLD 1994 SC 23
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Preamble,
Art. 40,
Art. 199
|