| Case ID |
e33f2b93-4559-4b69-baac-7b857c5d1da6 |
| Body |
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| Case Number |
Constitutional Petition No.4 of 1994 |
| Decision Date |
Nov 05, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the Constitutional Petition No.4 of 1994 filed by Pakistan Tobacco Company Ltd., thereby upholding the provisions of the Martial Law Order (Zone B) No.487, para.2.1(4). The court held that the petition was maintainable as it involved a question of public importance concerning the enforcement of Fundamental Rights under Articles 18 and 25 of the Constitution of Pakistan, 1973. The court affirmed that the provision mandating tobacco companies to maintain or increase the weighted average price of tobacco ensures social and economic justice for tobacco growers, an economically oppressed class. The decision emphasized that the classification under the Martial Law Order was based on reasonable grounds with an intelligible differentia having a rational nexus to the object sought to be achieved. Consequently, the petition was dismissed without any order as to costs. |
| Summary |
In the landmark case of Constitutional Petition No.4 of 1994, the Supreme Court of Pakistan deliberated on the maintainability and validity of the Martial Law Order (Zone B) No.487, particularly focusing on sub-paragraph (4) of paragraph 2.1. The petitioner, Pakistan Tobacco Company Ltd. (P.T.C.), challenged the mandate requiring tobacco companies to maintain or increase the weighted average price of tobacco to safeguard the interests of tobacco growers, a group deemed economically oppressed. The petitioners argued that this provision was discriminatory and violated Articles 18 and 25 of the Constitution of Pakistan, which guarantee freedom of trade and equality of citizens, respectively.
The court meticulously analyzed the constitutional framework, emphasizing the importance of social justice and economic equity. It underscored that the provision was grounded in reasonable classification based on an intelligible differentia with a rational nexus to the legislative objective of protecting tobacco growers from economic exploitation. Citing precedents such as I.A. Sharwani v. Government of Pakistan and Mrs. Shahida Zahir Abbasi v. President of Pakistan, the court reinforced the principle that constitutional petitions addressing public importance and Fundamental Rights are inherently maintainable, regardless of the petitioner's status.
The Supreme Court also addressed the respondents' contention regarding estoppel and laches, asserting that recurring causes of action, especially those challenging ongoing violations of Fundamental Rights, cannot be dismissed on such grounds. The judgment further elaborated on the non-arbitrary nature of the excise duty levy under the Central Excise Act, affirming that the rates are intrinsically linked to the value of goods produced, thereby maintaining a fair and equitable tax structure.
Ultimately, the court dismissed the petition, affirming the constitutionality of the Martial Law Order provisions. This decision not only upheld the legal protections for economically marginalized groups but also reinforced the judiciary's role in ensuring that legislative measures align with the constitutional mandate of promoting social and economic justice. The ruling serves as a pivotal reference for future cases involving the balance between commercial interests and the protection of Fundamental Rights, highlighting the judiciary's commitment to equitable societal structures and the rule of law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FEDERATION OF PAKISTAN,
PAKISTAN TOBACCO COMPANY LTD.,
Ministry of Commerce, Islamabad
|
| Judges |
AJMAL MIAN, C.J.,
MUNAWAR AHMED MIRZA,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
S.M. Zafar, Senior Advocate Supreme Court,
Ejaz M. Khan, Advocate-on-Record for Petitioners,
Tanvir Bashir Ansari, Dy. A.G.,
Imtiaz M. Khan, Advocate-on-Record for Respondent No. 1,
Talat Qayyum Qureshi, Addl. A.G., N.W.F.P. for Respondent No. 2,
Nur M. Khan, Advocate-on-Record for Respondent No. 3,
Raza Ahmed Khan, Senior Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Respondent No. 4
|
| Petitioners |
PAKISTAN TOBACCO COMPANY LTD.
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Minister of Commerce, Islamabad
|
| Citations |
1999 SLD 649,
1999 SCMR 382
|
| Other Citations |
I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041,
Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632,
Al-Jehad Trust through Raeesul Mujahideen Habib-ul-Wahab-ul-Khairi and others v. Federation of Pakistan and others PLD 1996 SC 324,
Karachi Building Control Authority and another v. Saleem Akhtar Rajput and 2 others 1993 SCMR 1451,
Motor General Traders and another v. State of Andhra Pradesh and others AIR 1984 SC 121,
Annapurna Match Industries, Cuddapah v. The Union of India and another AIR 1971 Andhra Pradesh 69,
M/s. Sama Satna Stone and Lime Co. Ltd. and others v. State of Madhya Pradesh and others AIR 1988 Madhya Pradesh 286,
Central Board of Revenue and 3 others v. Seven-Up Bottling Company (Pvt) Ltd. (1996 SCMR 700)
|
| Laws Involved |
Constitution of Pakistan, 1973,
Central Excise Act, (I of 1944)
|
| Sections |
184(3),
18,
25,
3(4)
|