International Agreement

Tender in question was financed by Asian Development Bank and petitioner company was declared not technically qualified to compete the tender

Plea raised by petitioner was that Grievance Redressal Committee was not constituted by authorities

Validity

If procurement process funded by Asian Development Bank was carried out under procurement laws of Federal or Provincial Government, then it was against Asian Development Bank Procurement Guidelines and provisions of Loan Agreement with Asian Development Bank

Such was also against R.5 of Punjab Procurement Rules, 2014

As per Asian Development Bank Procurement Guidelines, unsuccessful bidders would be given debriefing to explain reasons of his non-responsiveness at the time of award of contract and if still unsatisfied, bidder could then approach Asian Development Bank in that regard

Constituting of Grievance Redressal Committee was not covered under Procurement Guidelines of Asian Development Bank and R.5 of Punjab Procurement Rules, 2014, supported the process of procurement followed under financial project

High Court declined to interfere in the matter

Constitutional petition was dismissed in circumstances.

Any agreement award not approved by Parliament, does not have the force of law and cannot be executed through the process of court.

International agreement between the nations if signed by any country is always subject to rectification, but same can be enforced as a law only when legislation is made by the country through its Legislature

Without framing a law in terms of the international agreement the covenants of such agreement cannot be implemented as a law nor they bind down any party

Such agreement, however, has a persuasive value and command respect.