| Case ID |
e1420b80-c498-4184-86fc-b902c2fe40a5 |
| Body |
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| Case Number |
W.P. No. 492 of 2020 |
| Decision Date |
Jun 05, 2020 |
| Hearing Date |
May 12, 2020 |
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by the petitioner, FIAZ AHMAD ANJUM, challenging the decision made by the Secretary of the Ministry of Interior which halted the foreign postings of officials, including the petitioner as Counselor Immigration for Italy. The court determined that there was no violation of any fundamental or vested rights as there was no final approval or notification regarding the appointment of the petitioner. The court emphasized that it generally refrains from interfering in policy-making matters of the executive authority, particularly when no constitutional rights have been infringed. The ruling underscored the importance of established procedures and the necessity of formal approvals before any claims to rights can be made. |
| Summary |
This case revolves around a constitutional petition filed by FIAZ AHMAD ANJUM against the Federation of Pakistan regarding a decision by the Ministry of Interior that halted foreign postings for officials. The petitioner argued that he was wrongfully denied his appointment as Counselor Immigration for Italy after being selected for the position. The Islamabad High Court, however, found that there was no final approval for his appointment and thus no vested right had been violated. The court reiterated its position on judicial restraint in policy matters of the executive, emphasizing that challenges to policy decisions must be supported by evidence of fundamental rights violations. The decision highlights the critical balance between administrative discretion and judicial oversight, particularly in matters of foreign postings, which are often sensitive and strategic in nature. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
FIAZ AHMAD ANJUM, JANDRAN, JUSTICE,
ASMATULLAH JANEJO
|
| Lawyers |
Khurram Mehmood Qureshi for Petitioner,
Ch. Muhammad Tahir Mehmood, A.A.G.,
Qaiser Masood, Additional Director, FIA for Respondents
|
| Petitioners |
FIAZ AHMAD ANJUM
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY AND OTHERS
|
| Citations |
2020 SLD 2354,
2020 PLC 1196
|
| Other Citations |
Messrs Mustafa Impex Karachi and others v. The Government of Pakistan through Secretary Finance, Islamabad and others PLD 2016 SC 808,
Sheikh Mudassar Ahmed v. Government of Pakistan through Secretary Establishment Division, Islamabad and 02 others 1991 MLD 2121,
Dr. Shoukat Pervez v. Federation of Pakistan through Secretary Establishment Division, Islamabad and another 2011 PLC (C.S.) 26,
Fatima v. Federation of Pakistan through Secretary, Ministry of Commerce, Islamabad and 02 others 2018 PLC (C.S.) 292,
Hajj Organizers Association of Pakistan through Authorized Officers and 11 others v. Federation of Pakistan through Secretary, Ministry of Religious Affairs and Interfaith Harmony, Islamabad and 2 others PLD 2020 Sindh 42,
World Call Cable (Pvt.) Limited through Chief Executive Officer v. Federation of Pakistan through Secretary and another 2020 CLC 543,
Shahid Pervaiz v. Ejaz Ahmad 2017 SCMR 206,
Muhammad Shoaib Razzaq v. Federation of Pakistan through President and 5 others PLD 2019 Isl. 339,
Ferzand Ali v. Province of West Pakistan PLD 1970 SC 98,
Government of Pakistan v. Zamir Ahmad Khan PLD 1975 SC 667,
Watan Party's case PLD 2004 SC 697,
Dr. Akhtar Hassan's case 2012 SCMR 455,
Dossai Travels case 2013 SCMR 1749
|
| Laws Involved |
Constitution of Pakistan, 1962
|
| Sections |
199
|