PARVAIZ AKHTER BHATTI vs FEDERATION OF PAKISTAN through Secretary Cabinet Division, Islamabad S — 2022 CLD 731 ISLAMABAD

Case information

Citation: 2022 CLD 731 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: CLD
Parties: PARVAIZ AKHTER BHATTI vs FEDERATION OF PAKISTAN through Secretary Cabinet Division, Islamabad S
Subject matter: Constitutional
Provisions referred to: S. 166---Q; S. 166; Companies Act

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

Judgment text as reported

PARVAIZ AKHTER BHATTI VS FEDERATION OF PAKISTAN through Secretary Cabinet Division, Islamabad S. 166---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Constitution of Pakistan, Art. 199---Constitutional petition---Quo warranto---Onus to prove---Dispute was with regard to appointment of respondent as Acting Managing Director of Pakistan Television Corporation---Petitioners contended that respondents nominated by Federal Government were not selected through any public advertisement nor from data bank maintained by Security and Exchange Commission of Pakistan in terms of S. 166 of the Companies Act, 2017--- Validity--- Initial onus was shifted upon respondents/Federal Government to demonstrate that discretionary power exercised by Federal Government before nomination of respondents was considered through a structured concept---Evidence to that extent was to be brought on record, otherwise it would be considered that all respondents were nominated through arbitrary manner on the whims and caprice of Federal Government.

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