Policy decision by Government

Petitioner filed constitutional petition challenging the action of the respondents in taking over the land situated at old Walton Airport (Lahore) owned by Civil Aviation Authority (CAA) in an illegal manner

Validity

In the absence of any glaring illegality or violation of fundamental rights, it was imperative that the Courts should exercise judicial restraint from passing any adverse order, which could potentially hinder or nullify any government initiative to encourage and promote the investment process because judicial restraint encouraged the judges to exercise their powers with restraint and wisdom and limit the exercise of their own powers while intervening in the matters relating to policy of the government having financial perspective and outcome and exercise

High Court observed that without there being any obvious illegality and deviation from law, any interference by the Court within the purview of Art.199 of the Constitution would badly hamper the initiatives to enhance business activities and would put the whole scheme of actions for promotion of business and trade for the public, a fundamental right provided under Art.18 of the Constitution, to a standstill

Under Art.199 of the Constitution, High Court was though competent to exercise power of judicial review to examine administrative actions from the touchstone of violation of law and breach of Constitution yet the power of judicial review was regulated by the principles of Judicial Restraint

Interim relief, in writ petition, could only be granted as per mandate of Art.199(4) of the Constitution where it was clearly stated that under writ jurisdiction, before making an interim order, the Court had to look into the public interest which should not be harmed/hampered in any manner, therefore, keeping in view the fact that the petitioner had failed to make out a prima facie case in his favour and balance of convenience was not tilted in favour for grant of interim relief

Application for grant of interim relief was dismissed, in circumstances.

Scope.