Good governance

Plaintiffs assailed change of status of Jinnah Post Graduate Medical Centre (JPMC) from a Federal institution to a Provincial institution

Plaintiffs also assailed rights of employees of JPMC which were changed from Federal to Provincial employees

Validity

Rights under Arts. 37 & 38 of the Constitution may cover, means of livelihood, healthcare and general well-being of all sections of people in society, especially those of the young, the old, the women and the relatively weaker sections of society

Such groups generally require special protection measures in almost every set up

Happiness of the people is the ultimate aim of a welfare state, and a welfare state would not qualify as one, unless it strives to achieve the same

Plaintiffs could not be allowed to take advantage of a Federal issue in order to hamper and frustrate main aim and object of MoU entered into between the Federal and Provincial Governments in accordance with the provisions of Art. 146(1) of the Constitution of Pakistan, 1973 in order to cater with the emergent needs of hospital to provide treatment to people round the clock

Plaintiffs did not have prima facie case in their favour, nor balance of convenience was in their favour

If recruitments purely on contract basis were not made, the public at large would suffer irreparable loss rather than the plaintiffs

High Court declined to frame issues as there were no material propositions of law and fact, on which issues, evidence of parties could be recorded

Government of Sindh was at liberty to make recruitments purely on contract basis in accordance with MoU entered into between the Provincial and Federal Governments

High Court directed that all rights and privileges of plaintiffs in respect of their services would not be prejudiced on the reason of contractual recruitments of the employees as per MoU executed between the Federal and Provincial governments and the rights of plaintiffs as to their due promotion would not be taken away on the basis of recruitments of the contract employees

Suit was disposed of accordingly.

Salus populi suprema lex esto means "let the welfare of the people be the supreme law" and "Salus populi suprema lex", translates to "the health of the people is the supreme law"

State instrumentality must serve the society as a whole and must not grant unwarranted favour(s) to a particular class of people without any justification, at the cost of others

In order to serve larger public interest, State instrumentality must be able to generate its own resources, as it cannot serve such higher purpose while in deficit.

High Court issued guidelines to Provincial Government in order to streamline Public Sector Development Program of Balochistan and to make it in accordance with guidelines of Planning Commission of Pakistan as well as guidelines given by Supreme Court in case of Raja Pervaiz Ashraf, reported as 2014 SCMR 835

Constitutional petition was disposed of accordingly.

Constitutional democracy enshrines fundamental rights which are conferred upon people and the most cherished of those rights is the right to freedom of speech and expression

There cannot be abridgement of speech unless it falls within the strict confines of exceptions to Art. 19 of the Constitution

Doctrine of trust and role of Government as a trustee, the structure of constitutional democracy and the new branch of IPDs (Institutions for Protecting Constitutional Democracy) conjointly bolster greater need for free speech

This is of the essence of rule of law and hews more closely to constitutionalism

Provision of S. 124A, P.P.C., is in significant tension with Constitutionalism and constitutional democracy

Freedom of speech cannot be defined as freedom to say what is welcome to an authority, which is precisely what S. 124A, P.P.C., seeks to achieve

Power to restrict free speech and freedom of press is circumscribed and hedged in by the fields of legislation specifically mentioned in Art. 19 of the Constitution

Any law which seeks to suppress freedom of speech and press and does not fall strictly within one of the exceptions in Art. 19 of the Constitution, falls afoul of it and is ultra vires to that extent

High Court in exercise of constitutional jurisdiction declared provision of S. 124A, P.P.C., unconstitutional as it offended fundamental rights enshrined in Arts. 19 & 19A of the Constitution

High Court further declared that the provision of S. 124A of P.P.C. void as whole, as it was inconsistent with and in derogation of fundamental rights

Constitutional petition was allowed, in circumstances.

Constitutional jurisdiction of the High Court is not meant to be exercised to restrain the competent authority from taking action under law against a public servant against whom prima facie evidence showing his involvement in the serious charges of misconduct is available

Any such direction will be disharmonious to the principle of good governance and canon of service discipline rather it would cause undue interference to hamper the smooth functioning of the departmental authorities

In law show-cause is not defined as a punishment

Petitioner could not file a constitutional petition against the issuance of show-cause notice (SNC), which was simply an opportunity to explain the position in the course of the inquiry

Against the adverse result of inquiry arising out of SCN, if any, the petitioner would have the remedy of appeal

In presence of such adequate remedy, High Court at this juncture would not step in to declare the SCN issued to the petitioner illegal or void

Petitioner's objection on the issuance of SCN was technical and procedural, and there was no malice or ulterior motives on the part of respondent/CAA and/or violation of the principles of natural justice

Court would not exercise its discretion to thwart the whole process arising out of the SCN and set aside SCN on any of the technical grounds, as it would amount to interfering in the right of the authority to enquire into allegations against the petitioner

Besides, respondents had levelled serious allegations against the petitioner in their comments about his qualification of B.A. degree being fake document, which would certainly be considered by the competent authority in the inquiry proceedings against the petitioner

Since the show cause was issued against the petitioner and he replied and it was for the respondent/CAA to decide under law for which the High Court was not required to show indulgence in the matter under Art. 199 of the Constitution to set aside the disciplinary proceedings initiated against him

High Court did not see any infringement of the right of the petitioner which could be called in question by way of constitutional petition

Public Servant has no vested right to call in question the disciplinary proceedings in constitutional petition

Constitutional petition having been filed against the issuance of show-cause notice was dismissed.

State functionary has to act in accordance with law not on his whim, capricious and arbitrary manner and follow the procedure as nobody is above the law.

Government is competent to issue instructions and guidelines for smooth running of its departments and offices and, more particularly, to structure discretion of officers which is imperative for good governance

Such instructions and guidelines should not be strident with the Constitution, statutory law and rules validly framed thereunder.

Discretion, even if vested in authorities, has to be exercised strictly in accordance with law and in an independent, transparent and unbiased manner

All administrative authorities are under an obligation to act fairly and on reasonable basis

Object of good governance cannot be achieved by exercising discretionary power unreasonably, arbitrarily and without application of mind.

Object of good governance cannot be achieved by exercising discriminatory powers unreasonably or arbitrarily and without application of mind

Such objective can only be achieved by following rules of justness, fairness and openness in consonance with command of Constitution enshrined in different Articles of the Constitution including Arts. 4 & 25 of the Constitution which is supreme law of the country.

Petitioner sought direction to respondents for removal of unauthorized public transport terminals/stands/Adda located at different locations in the city

Validity

Administration with implementation of government policy is backbone of government

One of the important reasons is practical concern that government today has to work towards public interest

First and foremost object of public administration is to effectively deliver public services

District and sub-divisional administration have a special status in implementing policies of government

Law requires district administration to be organized and effectively operate for increasing productivity quickly

Such aspects have given birth to new subdiscipline of development administration

When authorities could not maintain elimination/closure of illegal stands/Adda, which on one hand was their duty, requirement of law and on the other hand was right of citizens

Law had provided a mechanism for bus terminals/stands and for its smooth implementation regional transport authority was to play an effective role

Any failure in implementation of law amounted to negligence/mal-administration on their part which could raise question

Public functionaries were expected to perform their duties well within the prescribed limits of law of land

When a thing was required to be done in a particular manner, it must be made in that manner and not otherwise

Duties of respondents/functionaries of government were to act in accordance with law by not allowing anyone to do as per his desire and wish

To maintain law and order situation and to implement policies of government was the duty of authorities

High Court directed the authorities to close all illegal stands/terminals/Adda in the entire district

Constitutional petition was disposed of accordingly.

Petitioner was aggrieved of inquiry by provincial police into complaint received on PCP and forwarded by Federal Government

Validity

Constitutional scheme of distribution of powers and adherence to the same was more important than redressal of grievance through instrumentality of PMDU and PCP

Such mechanism could only be made effective if institutions made for the purpose were made accountable, effective and responsive to such complaints by none else than respective Provincial Governments, in whose domain such departments or organizations lied

Outside interventions in such departments and those also in contravention of Constitutional schemes and laws of the land would not produce any good but would rather cause more harm

Proceedings initiated and conducted on the authority of Pakistan Citizen Portal including entertaining of such complaint and referring the same to police authorities for taking necessary action, were unconstitutional and beyond the Executive authority of Federation, illegal, without lawful authority and were null and void

High Court quashed the proceedings initiated by Pakistan Citizen Portal as the same were within the exclusive domain of Provincial authorities and those conducted by local police against petitioner on the direction of PCP were also initiated without lawful authority, in an unlawful manner

High Court declined to initiate criminal proceedings against complainant or furnishing information about identity and whereabouts of complainant

Constitutional petition was allowed accordingly.

Transparency is a tool, not only for ensuring but for showing that procedure adopted is unbiased, provides equality of status and opportunity to each eligible candidate for achieving goal of recruiting the most suitable person.

Nature of power of eminent domain and its disruptive consequences make it a duty of State to inform each individual of the latter's rights

In case of abuse of power of eminent domain, it becomes duty of state to remedy loss and damage caused to affected citizen, rather than leaving the latter to mercy of costly and time consuming judicial process.

State has an inherent duty to have a proactive role in protecting living species because right to life guaranteed under Art. 9 of the Constitution is dependent on it

Beneficiaries are a few while victims of environmental degradation and destruction of natural habitats and ecosystems are the people, rather the human species

Violators are not ordinary citizens but institutions and public functionaries who exist solely to serve actual stakeholders i.e. the people and to safeguard their rights

Biodiversity, ecosystems and natural habitats are possessed of life and are thus living organisms

Life, whether that of human or other living beings, depends on the existence of biodiversity, ecosystems and natural habitats

Protection of ecosystems and natural habitats is inextricably linked to right to life guaranteed under Art. 9 of the Constitution

Protection of ecosystems and natural habitats is a constitutional obligation of the State, its institutions and every public functionary.

Dispute was with regard to establishing a golf course on land falling in Margalla Hills area falling under 'Specified area'

Plea raised by authorities was that land was taken into possession due to security reasons

Validity

No one could claim to be above the law nor could anyone be given license to violate enforced laws

Providing security was function of State and establishing a golf course in violation of law on the pretext of security could not be justified by any stretch of imagination

Authorities who chose to illegally encroach State land by brazenly violating enforced laws exposed themselves to disciplinary proceedings besides attracting criminal liability prescribed under Capital Development Authority Ordinance, 1960 or Pakistan Environmental Protection Act, 1997, as the case was

Far greater responsibility of the State institutions and its public functionaries to obey and respect the enforced laws

When State officials were involved in its abuse, it would become the worst form of undermining of rule of law and violation of rights guaranteed under the Constitution

Authorities encroached upon State land, including notified area of National Park by illegally establishing a golf course outside allocated sector

Construction on encroached land and establishing a golf course was illegal, without lawful authority and jurisdiction

High Court directed that Golf Course in question to be sealed and its possession handed over to Capital Development Authority and Islamabad Wildlife Management Board

High Court further directed that construction on encroached land of Golf Course would be demolished unless it could be utilized for an environmentally friendly activity

High Court directed the Capital Development Authority and Islamabad Wildlife Management Board to jointly restore encroached land of Golf Course as part of National Park

Constitutional petition was allowed accordingly.

Exercising disproportionate control over policy decisions at the expense of interests of public at large is essential attribute of phenomenon of elite capture

As such the phenomenon deprives people at large from equitable distribution of state assets

Consequently, a few elite enrich themselves at the expense of welfare and wellbeing of citizens.

In “conflict of interest” existence of actual pecuniary gain or pecuniary loss is not essential, nor actual proof in this regard is required

Conflict of interest refers to a principle envisaging prevention of present or future or potential situation which may lead to extending benefit to oneself or to another person.

If it appeared to PVMC that Agriculture University was not complying with its directions or requirements of registration of faculty members, the Council could recommend to Federal Government for withdrawal of recognition to Agriculture University

Council could not refuse registration to the persons who had acquired their degree in DVM Programme from a recognized institution

Petitioners successfully completed their five years DVM Programme and a vested right had accrued to them to utilize the degree which they had obtained after undergoing the rigors of continued study for good five years, in the manner and for the purposes envisaged by Pakistan Veterinary Medical Council Act, 1996

Keeping petitioners in the state of lurch, was not only against the concept of good governance but would also deprive them right to livelihood, which was guaranteed through Art.9 of the Constitution

High Court directed PMVC to register names of petitioners and issue them required certificates

Constitutional petition was allowed, in circumstances.

Such is hallmark of democracy.

Any Public Officer or Authority has inherent power to take all possible steps to check malpractice, undo fraud and implement law in its letter and spirit.

When a power was vested in State functionary empowering him to do something, then concerned functionary was obliged to exercise such power fairly and in the manner provided under relevant statue

Right of appeal was not merely a matter of procedure but a substantive right

Appellate forums had ample powers to scrutinize documents on record and exercise same jurisdiction as vested in original authority

Inexpensive and expeditious justice to people of Pakistan was ensured by State under the provisions of Art.37(d) of the Constitution

Denial of right of appeal by not appointing appellate forum under S.12 of Punjab Regularizing of Service Act, 2018, was not only denial of substantive right but was also against the dictate of Art.37(d) of the Constitution

High Court directed Competent Authority to constitute Appellate Committee under S.12 of Punjab Regularization of Service Act, 2018, and to make the same functional

Intra Court Appeal was dismissed accordingly.

Such must be done in accordance with law and by following due process as mandated by Art. 10-A of the Constitution so that every suspect has a fair opportunity to clear his name and position

Only through the Executive following the law, acting in accordance with law and treating every one equally before law and jealously guarding suspects, due process rights and dignity as mandated by Arts. 4, 25, 10-A & 14 of the Constitution, is the rule of law and good governance, which enhances faith of people in democratic system to grow.

For a society which claims to be organized, civilized and law abiding, it is imperative to stand by its commitments, undertakings and to be honest and fair in its dealings

Government has to respect rule of law and not to discriminate between its citizens

Functionaries of government cannot be allowed to exercise discretion at their whims, sweet-will or as they please, rather they are bound to act fairly, evenly and justly.

Petitioner was convicted under Anti-Terrorism Act, 1997, who had completed his sentence but he was not released due to successive PDOs passed by authorities

Plea raised by authorities was that petitioner was 'enemy alien'

Validity

In only third and final PDO it was stated that petitioner was detained as 'enemy alien' under Art. 10(9) of the Constitution which was an after-thought by Provincial Government in order to thwart petitioner's ability to review his detention under third PDO under Art. 10(4) of the Constitution, otherwise such wording would have appeared in first PDO or at least the second PDO

Third PDO was drafted in hurry and was self-contradictory designed to keep petitioner behind bars for ever at all costs

On one hand provision of Art. 10 of the Constitution had given petitioner a right to make representation vis a vis his detention under Art. 10(5) of the Constitution and then in effect had taken away such right by declaring him as 'enemy alien' under Art. 10(9) of the Constitution

Such was how criminal justice system worked and enabled public to have faith in the same

Issuing continuous and successive PDOs on unjustified grounds just to keep a person in jail, despite his acquittal by Courts only served to undermine and lessen confidence in criminal justice system in the eyes of public and led to perception that it was not based on the principles of equality and fair play and that the rule of law which so cherished was being compromised by the Executive authorities

Provincial Government acted malafidely in mechanical manner in issuing three PDOs one after the other with sole intention of keeping petitioner in jail after his acquittal

Authorities had deliberately and illegally deprived petitioner of his right to liberty without any legally justifiable reason

High Court struck down third PDO as the same was issued malafidely by Provincial Government and was violative of Arts. 4, 9, 10, 10-A, 14, 15 & 25 of the Constitution and were issued without lawful authority

Petitioner was found not to be 'enemy alien' so as to fall within the ambit of Art. 10(9) of the Constitution

Detention of petitioner under Art. 10(9) of the Constitution was illegal and without lawful authority

Petition was allowed, in circumstances.

In a Constitutional democracy wherein rule of law prevails, all public officials exercise delegated authority flowing from citizens to the State and are exercised by public officials in the name of State for the benefit of citizens within the limits prescribed by law

Question of actions of public officials protected against enforcement of provisions of law cannot even arise; it is only that when law vests authority in public official along with discretion, the exercise of such authority and discretion can result in wrong decisions as well

So long as actions and decisions are reached by public officials within the four corners of law, no personal liability for incorrect or wrong decision attaches for such incorrect acts, omissions or decisions

Law recognizes that when someone is vested with authority to act or make a decision on behalf of State, he/she can get decision wrong as well

Various statutes protect bona fide actions of public officials and shield them from personal liability in order not to debilitate discharge of public functions out of fear of attracting personal liability

Immunity against personal liability for bona fide actions does not translate into a right to act in disregard of law with impunity

Any police officer who abuses state authority vested in him to inflict harm on a citizen enjoys no immunity for exercise of authority is such manner.

In order to improve governance it is necessary that independent, impartial and professional status of civil service as an institution is restored

Civil servants are backbone of system and have to be protected against injustices particularly political victimization enabling them to deliver to best of their abilities without any fear or favour

Civil servants have to be reassured that they are not subservient to political executives and are under obligation to remain compliant with the Constitution and law.

In order to improve governance it is necessary that independent, impartial and professional status of civil service as an institution is restored

Civil servants are backbone of system and have to be protected against injustices particularly political victimization enabling them to deliver to best of their abilities without any fear or favour

Civil servants have to be reassured that they are not subservient to political executives and are under obligation to remain compliant with the Constitution and law.

Magistrate passed order in favour of petitioner for Superdari of vehicle in question but police officials did not comply with the order

Validity

High Court observed that if a public functionary is found to have encroached upon rights of a subject or is guilty of flouting order of a Court and that too with a sinister intent of providing undue benefit to an adversary, the Court must come forward with a pragmatic approach of curbing such tendencies

Survival of a society vests in fair administration of justice and such objective can only be achieved if the rights of individuals are jealously guarded by Courts

High Court directed the concerned police official to implement the order passed by Magistrate in favour of petitioner

High Court further directed the police official concerned to pay a sum of Rs.200,000/- as compensation for his unlawful act of not releasing the vehicle even after the order of Superdari was passed by Magistrate

Constitutional petition was allowed accordingly.

If grievance or complaint is genuine then government functionaries are duty-bound to address same within parameters of law and in a swift and efficient manner.

Legislation is function of Legislature alone but when situation requires necessary instructions can be issued by High Court in exercise of Constitutional jurisdiction.

Concept of good governance could not be achieved except by following the rules of justness, fairness and openness in consonance with the command of the Constitution

Good governance was not limited to Government alone but should bring every Head of Department or those entrusted with public money to use the same for benefit of public-at-large

Court should avoid interference in independent affairs of other organs but whenever a question of Fundamental Rights of community or general public was involved, High Court would be justified in departing from normal procedure

Normal procedure was meant for normal situations but in abnormal situation a departure was always permissible and justified

No one should be allowed to avoid obligations and duties in the name of procedural technicalities

Procedural technicalities were always subordinate to substantial justice/Fundamental Rights of public-at-large and same could not prevail over such rights

High Court observed that Court being custodian of Fundamental Rights was competent to come forward for enforcement of such rights; Ambulances of hospitals were to be equipped with skilled staff and under the direct control/access of the needy people; Rescue Centers should be established in the hospitals; Government should ensure proper health care facility without hunting/harming the dignity of the man/patient; Blood centers should be established to eliminate black-mailing from private blood Banks; Medicines should be available in the medical stores of government hospitals free of cost and there should be no private medical stores in the hospital; Government hospitals should have proper staff and Health Department was directed to create posts

Constitutional petition was disposed of accordingly.

Petitioner was a Cricket Club established in Federally Administered Tribal Area and it was aggrieved of its status declared by Cricket Board as "Inactive"

Validity

For about 5-6 years the Area suffered a lot due to militancy and insurgency which had hampered pace of development

People of Federally Administered Tribal Area then joined stream of successful lives of their generation

Sports was one of such activity that could create healthy environment for the betterment of society and if those people were not allowed to participate in sports activities then certainly the younger generations would turn their attention towards unproductive activities as faced during turbulent period

No fruitful purpose would be served, if petitioner club was restrained from actively participating in sports activities, which would help young players having talent to display the same in national level as well as in the comity of nations, in the larger perspective

Promotion of sports and cultural activities was one of the primary responsibility of the State which could further help in promotion of social and economic well-being of people

If petitioner was provided a further chance by authorities in scrutiny of their antecedents afresh, it would be more in the interest of justice rather than to defeat the ends of justice

High Court directed Pakistan Cricket Board to allow another chance to petitioner to fulfill requisite criteria as envisaged in relevant rules

Constitutional petition was allowed accordingly.

Government is the trustee of all amounts of the State and that these trustees should act in a manner which should be transparent and paramount consideration should be to protect finance interests of the State.

Object of good governance cannot be achieved by exercising discriminatory powers unreasonably or arbitrarily, without application of mind but such objective can only be achieved by following rules of justness, fairness and openness in consonance with command of Constitution enshrined in different Articles of the Constitution including Arts.4 & 25, which is supreme law of the country

By misapplication of phrase 'master and servant' management feels that an employee cannot raise voice of his rights even though an oppressive attitude, behaviour of management which is an incorrect exposition of law.

Plaintiff was a pilot and was aggrieved of refusal made by the Airline Corporation declining him to send him to transition training B-777 in view of agreement executed between the Corporation and Association of Pilots

Validity

Management of Airline Corporation was not supposed to act recklessly or sabotage professional norms and transparency in the affairs of their management

Defendant corporation in disregard of the terms and conditions of the agreement decided to benefit opportunity of transition course to some persons without clearance of Promotion Board

Statutory corporation in which government had substantial shareholding lacked service rules but it did not mean that they were above the law and could do anything in their own whims and pleasure

Airline Corporation should follow principle of good governance and maintain transparency and fair-mindedness in its affairs

High Court directed the Corporation to send plaintiff for training in terms of clearance accorded to by Promotion Board and the letter was set aside communicating renunciation of plaintiff from training course

High Court restrained the Corporation from sending pilots for training at the stratagem of 'ex-post facto clearance' unless they were cleared by the Promotion Board for training/promotion in accordance with the provisions contained in agreement in question

Application was allowed in circumstances.

Object of good governance could not be achieved by exercising discretionary powers unreasonably or arbitrarily and without application of mind

Such objective could be achieved by following the rules of justness, fairness, and openness in consonance with the command of the Constitution enshrined in different Articles including Arts. 4 & 25 of the Constitution

Obligation to act fairly on the part of the administrative authority had been evolved to ensure the rule of law and to prevent failure of the justice.

Object of good governance could not be achieved by exercising discretionary powers unreasonably or arbitrarily and without application of mind

Such objective could be achieved by following the rules of justness, fairness, and openness in consonance with the command of the Constitution enshrined in different Articles including Arts. 4 & 25 of the Constitution

Obligation to act fairly on the part of the administrative authority had been evolved to ensure the rule of law and to prevent failure of the justice.

Such unstructured discretion would breed arbitrariness in decision making process which is contrary to principles of good governance.

Great importance is attached to government adhering to sovereign commitments made by it, whether in the form of statutory orders or notifications issued by it or in the shape of policies announced by it

Commitment made on behalf of government should neither be lightly disregarded nor deliberately ignored

Orderly development of a civilized society requires that citizens should be entitled to place implicit faith and confidence on representations which are made by or on behalf of duly constituted governmental authorities.

Working of government cannot be on the basis of conjunctures and surmises.

Good governance is largely dependent upon upright, honest and strong bureaucracy particularly in written Constitution wherein important role of implementation has been assigned to bureaucracy

Object of good governance cannot be achieved by exercising discretionary powers unreasonably or arbitrarily and without application of mind

Such objective can be achieved by following rules of justness, fairness and openness in consonance with command of Constitution enshrined in different Articles including Arts.4 and 25 of the Constitution

Once it is accepted that Constitution is supreme law of the country, no room is left to allow any authority to make departure from any of the provisions of law and rules made thereunder.

Executive action, instructions or policy, no matter how well intentioned, cannot hold ground, unless those are backed by law

In a country governed by laws and not by men, good intentions of the Executive must follow the law.

Every public functionary is supposed to function in good faith honestly and within precincts of its powers so that person concerned should be treated in accordance with law.

Petitioner established an industrial unit for production of fertilizer on the assurance and guarantee of Federal Government and natural gas transmission company that the plant would get uninterrupted and regular supply of a fixed quantity of natural gas

Grievance of petitioner company was that US$ 1.l billion were spent on establishing of the plant but authorities had failed to provide the agreed amount of natural gas regularly

Validity

If State or Government failed to live up to its commitments, assurances and guarantees, court could enforce such incentive scheme and concessions, assurances and guarantee offered and acted upon at the motion of parties complaining of breach or violation thereof

Whenever State or Government, to lure or attract investment held out, gave assurance or represented to investors to 'provide certain incentives, tax holiday, concession in customs or excise duties, advantages, concession, licences and/or benefits etc. and acting on such sovereign incentive assurances, representations and guarantees any investor had made investments in any industrial undertaking it was obligatory on part of the State or the Government to ensure that it would live up to its sovereign representations, assurances, commitments, representation and guarantees, otherwise it would cause a serious dent in credibility of any State and or Government

No State or Government could afford to breach such sovereign commitment, assurances and guarantees

If these were not fulfilled, such State and/or Government would not only lose its face and credibility internationally and locally but also confidence and trust of investors would be shattered, which would not only be devastating for future of any State and or Government but had far reaching adverse impact and consequence immeasurable in terms of money

High Court directed the authorities to supply, guaranteed quantity of natural gas to petitioner's plant strictly in accordance with contract

Petition was allowed in circumstances.

Petitioner established an industrial unit for production of fertilizer on the assurance and guarantee of Federal Government and natural gas transmission company that the plant would get uninterrupted and regular supply of a fixed quantity of natural gas

Grievance of petitioner company was that US$1.1 billion were spent on establishing of the plant but authorities had failed to provide the agreed amount of natural gas regularly

Validity

If State or Government failed to live up to its commitments, assurances and guarantees, court could enforce such incentive scheme and concessions, assurances and guarantee offered and acted upon at the motion of parties complaining of breach or violation thereof

Whenever State or Government, to lure or attract investment held out, gave assurance or represented to investors to provide certain incentives, tax holiday, concession in customs or excise duties, advantages, concession, licences and/or benefits etc. and acting on such sovereign incentive assurances, representations and guarantees any investor had made investments in any industrial undertaking it was obligatory on part of the State or the Government to ensure that it would live up to its sovereign representations, assurances, commitments, representation and guarantees, otherwise it would cause a serious dent in credibility of any State and or Government

No State or Government could afford to breach such sovereign commitment, assurances and guarantees

If these were not fulfilled, such State and/or Government would not only lose its face and credibility internationally and locally but also confidence and trust of investors would be shattered, which would not only be devastating for future of any State and or Government but had far reaching adverse impact and consequence immeasurable in terms of money

High Court directed the authorities to supply guaranteed quantity of natural gas to petitioner's plant strictly in accordance with contract

Petition was allowed in circumstances.

Object of good governance cannot be achieved by exercising discretionary powers unreasonably or arbitrarily and without application, of mind-Such objective can be achieved by following rules of justness, fairness and openness in consonance with command of Constitution enshrined in different Articles including Arts.4 and 25 of the Constitution

Once it is accepted that the Constitution is supreme law of country, no room is left to allow any authority to stake departure from any of the provisions of law and rules made thereunder

By virtue of Arts.4 and 5(2) of the Constitution, even Chief Executive of the country is bound to obey command of the Constitution and to act in accordance with law and decide issues after application of mind with reasons.

Energy shortfall, dearness, terrorism, unemployment and street crimes have made the whole nation embarrassed and short tempered

Heavy energy shortfall is contributing a lot towards most of the evils of the society such as terrorism, street crime etc.

Energy shortfall, dearness, terrorism, unemployment and street crimes have made the whole nation embarrassed and short tempered

Heavy energy shortfall is contributing a lot towards most of the evils of the society such as terrorism, street crime etc.

Petitioner sought direction to authorities for implementing scheme for construction of bridge over river, approved by government in year, 2005

Plea raised by authorities was that completion of the scheme was low in priority

Validity

Case of petitioners was based on principle of legitimate expectations which had been evolved and invoked to provide relief on considerations of fairness and reasonableness even though no enforceable legal rights were being asserted or claimed

Duly approved public welfare scheme after having been put in operation, had given rise to legitimate expectations which could not be allowed to be frustrated

Good governance also demanded that project once approved and put in operation should be completed otherwise substantial amount in millions which had already been incurred would go down to drain, which amount constituted 28% of the total estimated cost of the work

Low priority of scheme might have been available before its implementation but decisive steps were taken and it was too late then to discard the scheme

High Court directed the authorities to resume and complete remaining construction of bridge in question at the earliest

Petition was allowed accordingly.

object of good governance cannot be achieved by exercising discretionary powers unreasonably or arbitrarily and without application of mind

Such object can be achieved by following rules of justness, fairness and openness in consonance with command of the Constitution enshrined in different Articles including Arts.3 and 25 of the Constitution.