| Case ID |
d822eedb-6e1c-48ef-840c-df5b8191a2a1 |
| Body |
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| Case Number |
C.P. No. 614 of 2019 |
| Decision Date |
Oct 16, 2019 |
| Hearing Date |
Sep 17, 2019 |
| Decision |
The petition was dismissed as the petitioners failed to establish a clear legal right in the presence of an alternate remedy. The court found that the constitutional jurisdiction could not be invoked as a matter of right, and the allegations of wrongful conduct by the respondents were deemed to require factual determination that could not be resolved in this jurisdiction. The court emphasized that disputes regarding the legitimacy of the tender process necessitated a thorough investigation in a civil court, rather than through constitutional review. Consequently, the petitioners were not entitled to the relief sought. |
| Summary |
This case involves a constitutional petition filed by M/S. Ali Nawaz Shahwani and Brothers against the Government of Balochistan concerning alleged irregularities in the tendering process for construction of schools. The petitioners claimed that their legal rights were violated when their tenders were not opened, and contracts were awarded in a concealed manner. The court, however, found that the petitioners did not exhaust available remedies and the issues raised were factual and could not be resolved under constitutional jurisdiction. The court reiterated the importance of procedural fairness in public procurement and the need for transparent processes in awarding government contracts, emphasizing that allegations of foul play require comprehensive scrutiny in appropriate legal forums. As a result, the petition was dismissed, reinforcing the principle that constitutional relief is not a substitute for ordinary civil remedies in disputes involving factual controversies. |
| Court |
Quetta High Court
|
| Entities Involved |
Government of Balochistan,
Ali Nawaz Shahwani and Brothers
|
| Judges |
JAMAL KHAN MANDOKHAIL,
ROZI KHAN BARRECH
|
| Lawyers |
Mr. Munawar Ahmed,
Mr. Shai Haq Baloch,
Mr. Muhammad Akram
|
| Petitioners |
M/S. ALI NAWAZ SHAHWANI AND BROTHERS GOVT. CONTRACTOR & ORDERS SUPPLIER THROUGH PROPRIETOR AND OTHERS
|
| Respondents |
GOVERNMENT OF BALOCHISTAN THROUGH SECRETARY C&W DEPARTMENT, QUETTA AND 2 OTHERS
|
| Citations |
2021 SLD 470,
2021 PLJ 35
|
| Other Citations |
PLD 2010 SC 1066,
PLD 2001 SC 415
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|