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FEDERATION OF PAKISTAN through Secretary Finance, Islamabad vs E-MOVERS (PVT — 2022 SCMR 1021 SUPREME-COURT

Case information

Citation
2022 SCMR 1021 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
FEDERATION OF PAKISTAN through Secretary Finance, Islamabad vs E-MOVERS (PVT

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

FEDERATION OF PAKISTAN through Secretary Finance, Islamabad VS E-MOVERS (PVT.) LIMITED art. 10a---'Due process'---Scope and meaning---Due process requirement must be met in the determination of rights and obligations---Constitution does not define due process, therefore, it would not be appropriate to limit its scope by defining it, but this does not mean that the due process requirement is a meaningless concept---Rather due process incorporates universally accepted standards of justice and is not dependent upon any law or laws; it is an all encompassing expression which may not be curtailed with reference to particular laws---Due process is to be understood holistically by keeping in mind the entire Constitution, which excludes arbitrary power, authoritarianism and autocratic rule. Head NotesCase Description Citation Name: 2022 SCMR 1021 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through Secretary Finance, Islamabad VS E-MOVERS (PVT.) LIMITED When the law stipulates that something has to be done in a particular manner that is how it should be done. Head NotesCase Description Citation Name: 2022 SCMR 1021 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through Secretary Finance, Islamabad VS E-MOVERS (PVT.) LIMITED Rr. 4, 6(2), 7(2), 7(3) & 7(4)---Public Procurement Rules, 2004, R. 17---Qualification of suppliers and contractors---Federal Board of Revenue (FBR) awarded contract for tracking and monitoring imported cargo to NLC Construction Solutions (Private) Limited ('NCSPL')---Legality---NCSPL did not possess the requisite licence under the Tracking and Monitoring of Cargo Rules, 2012 ('the Rules'), nor was it compliant with the requirements of the Rules---NCSPL had no experience to track and monitor cargo nor did it have the requisite technical skills---FBR violated the Rules and the Expression of Interest which it had itself made---FBR contravened the bidding procedures and binding legal precedents, expounding on the procurement laws, were also disregarded---NCSPL was brought in through the backdoor without having participated in the bidding process---Material bidding terms were changed, diluted and retailored for NCSPSL and this was done to enable the FBR to award it the contract---FBR was supposed to safeguard the interest of the exchequer and of the citizens but it subverted them to benefit a highly conflicted company. Head NotesCase Description

Other judgments reported in 2022 SCMR

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