MINISTRY OF KASHMIR AFFAIRS AND GILGIT BALTISTAN, GOVERNMENT OF PAKISTAN vs ZK ASSOCIATES (PVT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MINISTRY OF KASHMIR AFFAIRS AND GILGIT BALTISTAN, GOVERNMENT OF PAKISTAN VS ZK ASSOCIATES (PVT.) LIMITED arts. 42 & 44--- Territorial jurisdiction of High Court---Scope---Project Director, Project Management Unit for azad Jammu and Kashmir Legislative assembly Complex invited bids for the construction of Legislative assembly Complex from eligible bidders---Respondent-firm offered its bid as joint venture and participated in the bidding process, however, its bid was declared non-responsive by the competent authority and the contract was awarded to another firm---Respondent-firm assailed the action before the High Court through a writ petition which was accepted and a direction was issued to the Project Director, Project Management Unit, to issue the letter of acceptance to the respondent being the lowest successful bidder---Contention of appellants was that under art. 44 of the azad Jammu and Kashmir Interim Constitution, 1974, a direction could be issued against a person performing functions in connection with the affairs of azad Jammu and Kashmir or the local authority, whereas, in the case in hand, the direction was issued to the Project Director and Bid Evaluation Committee, who were performing functions in the affairs of Federation of Pakistan, hence the impugned judgment was not sustainable---Validity---although the amount for construction of Legislative assembly Complex was donated by the Government of Pakistan through Ministry of Kashmir affairs and Gilgit Baltistan, but the whole tendering process including evaluation of the bids submitted by the participants was conducted in azad Jammu and Kashmir, therefore, it could not be said that the cause of action had not arisen within the territorial jurisdiction of azad Jammu and Kashmir and if any violation was made in the tendering process, the same could be questioned before the azad Jammu and Kashmir High Court notwithstanding the fact that the matter could be taken to any other High Court in Pakistan---Writ petition was declared to be maintainable in law, however, the petition was dismissed on merits---appeal was accepted.

MINISTRY OF KASHMIR AFFAIRS AND GILGIT BALTISTAN, GOVERNMENT OF PAKISTAN vs ZK ASSOCIATES (PVT — 2021 YLR 2337 SUPREME-COURT-AZAD-KASHMIR

Case information

Judgment text as reported

Other judgments reported in 2021 YLR