Public Law

2023 CLC 324 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art.199Constitutional petitionPublic lawNatural gas sale priceDeterminationZero rated sector

Petitioners were aggrieved of additional security imposed by Sui Northern Gas Pipelines Limited (SNGPL) as Oil and Gas Regulatory Authority revised sale prices and tariff for zero rated industry operated on indigenous gas

Validity

Issue did not merely pit one consumer against SNGPL but an entire industry was in tension with SNGPL

Acts set in motion by SNGPL had a spiral effect not only on the petitioners but also on economy in general as petitioners were export oriented industries and were a major source of earning of foreign exchange

Any impact on petitioners would affect public purse and trickle down to the general public

There was a public law element inviting High Court to a searching inquiry and High Court could not sit in a state of judicial inertia

SNGPL exercised sovereign function of State

There was a monopoly so far as half of the country was concerned

SNGPL was a State owned public utility company and its actions were justiceable by High Court

Judicial review could be applied in certain circumstances to exercise of public contractual power

Public law principles were to be applied to executive agencies such as SNGPL as it was not formally separate from its sponsoring department and also because it was engaged in public service delivery

Test that was to be applied by courts was that the process might have a sufficient public law element irrespective of any connection with a statute or policy

Regarding contractual powers, preponderant approach was to regard contracts made by public authorities as subject to judicial review if there was a sufficiently "public law element" to the matter

Issue raised by petitioners was not purely contractual but related to rule of law and was to be judged on the basis of principles of administrative law such as irrationality and impropriety

High Court set aside the notices issued by authorities to petitioners

Constitutional petition was allowed, in circumstances.

2020 SCMR 361 SUPREME-COURT-OF-CANADA Judicial Precedent

Legal person established in public interestCivil liabilityImmunity

Legal person established in the public interest generally incurred no civil liability where it made or passed a regulation or by-law that was subsequently held to be invalid, unless its decision to do so was made in bad faith or was irrational

Purpose of said immunity was to preserve the latitude that a legal person established in the public interest must have in order to make policy decisions in the interests of the community

However, legal person established in the public interest that made an error of law in implementing its own regulations or by-laws may be civilly liable.

2016 PTD 1103 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Autonomous Public Sector Authority / Entity

Purpose of setting up a distinct autonomous Authority as opposed to a department or attached department of the Government

Purpose, scope and extent of such autonomy, described.

2016 PTD 1103 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Public sector organisationsInstitutional integrity and distinctive competenceScope

Administrative agencies, like all other institutions, develop special capabilities and proficiencies in the performance of their tasks and to say that an institution had integrity was to suggest that it was faithful to the functions, values, and distinctive set of unifying principles that defined its special competence and character

Preservation of institutional integrity involved protecting the institution from injury, destruction or decay and also protecting institutional processes, values, and unifying principles that determined an institution's distinctive competence

Integrity, at the institutional level, implied an organization that defined, and acted within a strong code of ethical conduct and positive values, and that adopted no tolerance of attitudes, actions and activities by its employees or partners that deviate from such code

Said concept was strongly interlinked with the principle of transparency, implying openness, communication and accountability and as far as organizations and institutions were concerned, the key aspect was that an integrity-based organization performed its tasks in line with its intended purpose, and was operated in a transparent, accountable, decent, ethical, faultless and invulnerable manner

Behaviour of the individuals was consistent with the values and goals that were being followed, and the organization and their associates took all necessary steps to do their work in compliance with such values

Institutional integrity in the public sector was particularly important due to the public character of these institutions that implied public trust in the institution's practices, operations, and policies.

2016 PLD 321 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Autonomous Public Sector Authority/Entity

Purpose of setting up a distinct autonomous Authority as opposed to a department or attached department of the Government

Purpose, scope and extent of such autonomy, described.

2016 PLD 321 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Public sector organisationsInstitutional integrity and distinctive competenceScope

Administrative agencies, like all other institutions, develop special capabilities and proficiencies in the performance of their tasks and to say that an institution had integrity was to suggest that it was faithful to the functions, values, and distinctive set of unifying principles that defined its special competence and character

Preservation of institutional integrity involved protecting the institution from injury, destruction or decay and also protecting institutional processes, values, and unifying principles that determined an institution's distinctive competence

Integrity, at the institutional level, implied an organization that defined, and acted within a strong code of ethical conduct and positive values, and that adopted no tolerance of attitudes, actions and activities by its employees or partners that deviate from such code

Said concept was strongly interlinked with the principle of transparency, implying openness, communication and accountability and as far as organizations and institutions were concerned, the key aspect was that an integrity-based organization performed its tasks in line with its intended purpose, and was operated in a transparent, accountable, decent, ethical, faultless and invulnerable manner

Behaviour of the individuals was consistent with the values and goals that were being followed, and the organization and their associates took all necessary steps to do their work in compliance with such values

Institutional integrity in the public sector was particularly important due to the public character of these institutions that implied public trust in the institution's practices, operations, and policies.