Administrative actions

Judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides

Terms of invitation to tender are not open to judicial scrutiny and Court cannot whittle down terms of tender unless they are wholly arbitrary, discriminatory or actuated by malice.

Concept detailed.

Jurisdiction of Superior Courts of Judicial Review for the enforcement of Fundamental Rights was not a "closed shop", particularly in the context of Public Interest Litigation (PIL)

Nature, scope and extent of the power of judicial review by the superior courts of administrative actions and the grounds on basis whereof such actions could be set aside had evolved with the passage of time and its contours stood clearly defined especially in the context of the award of contracts by the State or its instrumentalities Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268; Messrs Ramna Pipe and General Mills (Pvt.) Limited v. Messrs Sui Northern Gas Pipe Line (Pvt.) and others 2004 SCMR 1274; Raja Mujahid Muzaffar and others v. Federation of Pakistan and others 2012 SCMR 1651; Sup Motu Case No.13 of 2009 PLD 2011 SC 619; Maulana Abdul Haque Baloch and others v. Government of Balochistan through Secretary, Industries and Mineral Development and others PLD 2013 SC 641; Corruption in Hajj Arrangements PLD 2011 SC 963 and Stretching Computers Ltd. v. Messrs M. and N. Publications Ltd. AIR 1996 SC 51 rel.

All public functionaries must exercise public authority, especially while dealing with public property, public funds, and assets; in a fair, just, transparent, and reasonable manner, untainted by mala fide without discrimination and in accordance with law, keeping in view the constitutional Rights of the citizens; and the same would hold true even in absence of any specific statutory provisions setting forth the process in such behalf-While exercising its jurisdiction, Superior Courts neither sit in appeal over administrative actions nor interfere on account of inconsequential deviations; however, where Administrative Authority acted in a discriminatory manner, and action failed the test of reasonableness, transparency and/or was otherwise unjust and unfair or suffered from mala fide, the Courts not only were vested with the jurisdiction to set aside such actions but any failure in such an eventuality to exercise power of Judicial Review, when invoked, would make the court a party to such unreasonable, unfair, mala fide and illegal action.