P L D 2007 Karachi 214 (PLP)
Syed ARSHAD ALI and 55 others — Petitioners Versus PAKISTAN TELECOMMUNICATION COMPANY LTD. through President and 8 others — Respondents
| Citation | P L D 2007 Karachi 214 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Syed ARSHAD ALI and 55 others — Petitioners Versus PAKISTAN TELECOMMUNICATION COMPANY LTD. through President and 8 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in P L D 2007 Karachi 214 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2007 Karachi 214 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2007 Karachi 214 (PLP) (Syed ARSHAD ALI and 55 others — Petitioners Versus PAKISTAN TELECOMMUNICATION COMPANY LTD. through President and 8 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Tariq Rajwana for Petitioners.
- Sakhiullah Chandio for Respondents Nos. 1 to 7.
- Ashudas for Respondent No.9.
Headnotes / Summary
Art.199
Constitutional petition
Objection as to maintainability of constitutional petition was raised on the ground that respondent-Company having been privatized, constitutional petition against said company was not maintainable
Sixty-two per cent. shares in the company continued to remain with Federal Government but 26% were transferred to proposed buyer of controlling shares
Managerial control was effectually transferred to the proposed buyer to the extent of 58.43% shares
Proposed buyer under the present state of affairs was only exercising managerial control on behalf of the owner which was the Federal Government
Petition under Art.199 of the Constitution, was maintainable, in circumstances
Petition requiring consideration, was admitted and was fixed for regular hearing.
Judgment & Decree
A preliminary objection as to the maintainability of this petition was raised by Mr. Sakhiullah Chandio on the ground that respondent No.1 Company has been privatized and, therefore, a petition under Article 199 of the Constitution against the aforesaid respondent is not maintainable. Upon information sought learned counsel stated that 62% shares in the company continued to remain with the Federal Government (respondent No.8) but 26% were transferred to the proposed buyer of controlling shares i.e. respondent No.3. However, the managerial control was effectually transferred to the proposed buyer to the extent or 58.43% shares. We are prima facie inclined to take the view that the proposed buyer under the present state of affairs is only exercising managerial control on behalf of the owner which is the Federal Government and, therefore, the petition under Article 199 is maintainable. The questions raised in the petition require consideration and we would accordingly admit it and fix it for regular hearing on 16-2-2007 at 11.00 a.m. However, the questions of its maintainability may not be treated fore-closed and also be raised at the final hearing. H.B.T./A-17/K Order accordingly.