PAKISTAN TOBACCO COMPANY LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad art — 2022 PTD 1574 ISLAMABAD

Case information

Citation: 2022 PTD 1574 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PTD
Parties: PAKISTAN TOBACCO COMPANY LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad art

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

PAKISTAN TOBACCO COMPANY LIMITED VS FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad art.4---administration of justice---Discretionary power---Remedy against---Discretionary power is to choose amongst more than one courses of action---Such exercise of discretion can only be interfered with when reasons for exercise of discretion (i) are not just, fair and reasonable i.e. are not bona fide reasons which can take into account relevant considerations and do not take into account extraneous considerations, and (ii) are not reasons in pursuit of objects of the statute i.e. in pursuit of purposes for which such power has been granted---If exercise of discretion is found to be unreasonable or driven by extraneous considerations or inspired by objects other than objects of statute, exercise of discretion is then liable to judicial review---Decision maker is under obligation under art.4 of the Constitution to act in accordance with law---Discretion vested in an authority by law cannot be fettered--- Discretion is to be exercised by authority it is vested in, in a just, fair and reasonable manner--- Exercise of discretion for extraneous considerations amounts to unlawful exercise of such authority.

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