SCMR 1999

1999 PLP 2629 (SCMR)

PROVINCE OF SINDH and another — Petitioners Versus Messrs PEOPLES LABOUR UNION C.B.A. OF THE KARACHI

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petition No. 308-K of 1998, decided on 8th October, 1998.
Honorable Judges
Ajmal Mian, C. J., Munawar Ahmed Mirza
Case Reference Summary (AEO Optimized)
Citation 1999 PLP 2629 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Ajmal Mian, C. J., Munawar Ahmed Mirza
Parties PROVINCE OF SINDH and another — Petitioners Versus Messrs PEOPLES LABOUR UNION C.B.A. OF THE KARACHI
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1999 PLP 2629 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1999 PLP 2629 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, C. J., Munawar Ahmed Mirza.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1999 PLP 2629 (SCMR) (PROVINCE OF SINDH and another — Petitioners Versus Messrs PEOPLES LABOUR UNION C.B.A. OF THE KARACHI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Muhammad Ali Sayed, Advocate Supreme Court and M. Shabbir Ghaury, Advocate-on-Record for Petitioners.
  • S.M. Abbas, Advocate-on-Record for Respondent No. 1.
  • Date of hearing: 8th October, 1998.

Headnotes / Summary

(On appeal from the order dated 4-3-1998 of the High Court of Sindh, Karachi in Miscellaneous No. 5303 of 1997 in C.P. No. D-2007 of 1997).

Arts. 185(3) & 199

Petition for leave to appeal

Interlocutory order passed by High Court under Constitutional jurisdiction had been challenged on ground that it had expressed its view in very strong words

Supreme Court without recalling said Order of High Court omitted portion of Order passed by High Court objected to by petitioners holding that same could prejudice them at time of regular hearing of Constitutional petition.

Judgment & Decree

AJMAL MIAN, C.J.

This petition is directed against an interlocutory order dated 4-3-1998 passed by a learned Division Bench of the High Court of Sindh in Constitution Petition No. D-2007 of 1997 filed by respondent No. 1 against inter alia the present petitioners challenging their action to privatise petitioner No.2, which is entrusted with the function of supply of water and removal of sewerage in the city of Karachi. Alongwith the above Constitutional petition a Miscellaneous Application No.5303 of 1997 was filed, upon which the impugned order was passed. In support of the above petition Mr. Muhammad Ali Syed, learned counsel for the petitioners, has vehemently contended that the learned Judges of the Division Bench have expressed their views in very strong words and, in fact, have decided the writ petition by observing as follows: "Such order we have passed because, apparently, there is every potential in the privatisation scheme that such vital service, as is being rendered by the Karachi Water and Sewerage Board, be in the process of falling into alien hands, obviously detrimental to the national interest of Pakistan." We are not inclined to recall the interim order but we would omit the above portion of the order as the same may prejudice the petitioners at the time of regular hearing of the Constitutional petition. We, therefore, convert the above petition into appeal and modify the above interim order as above. There will be no order as to costs. The Constitutional petition pending in the High Court may be disposed of within six months. H.B.T./P-38/S Order accordingly.