RIAZ HANIF RAHI vs GOVERNMENT OF PAKISTAN, through Secretary Ministry of Communication, Federal Secretariat, I

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RIAZ HANIF RAHI VS GOVERNMENT OF PAKISTAN, through Secretary Ministry of Communication, Federal Secretariat, Islamabad art.199---Public interest litigation---Scope---Public interest litigation is a type of litigation that serves the interest of the public at large---It involves legal actions or proceedings initiated to protect or enforce the rights of the general public---Such type of litigation aims to prevent the violation of constitutional or legal rights of a significant number of individuals who may be economically or socially disadvantaged, poor, or lacking in knowledge---It seeks to ensure that such violations do not go unnoticed and are appropriately addressed. Citation Name: 2023 CLC 1187 ISLAMABADBookmark this Case RIAZ HANIF RAHI VS GOVERNMENT OF PAKISTAN, through Secretary Ministry of Communication, Federal Secretariat, Islamabad art. 199---National Highway authority act (XI of 1991), S. 10---Constitutional petition---Power of the National Highway authority---Scope---Petitioner assailed the act of the National Highway authority (NHa) in entering into an agreement with the respondent (Frontier Works Organization) for the collection of toll tax on the motorway---Validity---Motorway in question was opened for traffic in 1997 and had since completed its design life---Most parts of the motorway were showing deterioration due to heavy traffic, as it was the busiest of all motorways---To address this issue without burdening the government, the NHa initiated efforts to save this vital segment of the motorway through a Public-Private Partnership on a Built-Operate-Transfer basis---Following all legal formalities and procedures a request for proposals was advertised in leading newspapers, and the respondent was declared successful by the NHa committee---after a detailed scrutiny and evaluation process, a Concession agreement was signed between the NHa and the respondent---Project's scope included complete financing, design, construction, operation, and maintenance of the motorway for 20 years---Under the Concession agreement, toll fees were allowed to be collected by the respondent at agreed rates between the NHa and the respondent---amount collected through toll fees was to be spent on overlay and modernization of the motorway---Respondent did not have the prerogative to charge toll taxes according to its own discretion---Toll collection was governed by the agreed formula executed by the NHa---National Highway authority had the legal authority to do so under S. 10(2)(ii),(vi),(vii) and (xiii) of the National Highway authority act, 1991---Said provisions had granted complete authority to the NHa to enter into contracts through legislative power---Furthermore, S.10(2)(xi) of the National Highway authority act, 1991, allowed the NHa to award negotiated contracts or undertake projects through private sector financing programs----Thus, the concept of the Concession agreement was protected by law---In conclusion, the writ petition was dismissed. Citation Name: 2023 CLC 1187 ISLAMABADBookmark this Case RIAZ HANIF RAHI VS GOVERNMENT OF PAKISTAN, through Secretary Ministry of Communication, Federal Secretariat, Islamabad art.199---Public interest litigation---Scope---Jurisdiction under art.199 of the Constitution is required to be exercised carefully, cautiously and with circumspection to safeguard and promote public interest and not to entertain and promote speculative, hypothetical or malicious attacks that block or suspend the performance of executive functionaries by the Government---Public interest litigation is termed as a strategic aim of the legal aid movement which is intended to bring justice within the reach of the poor masses. Citation Name: 2023 CLC 1187 ISLAMABADBookmark this Case RIAZ HANIF RAHI VS GOVERNMENT OF PAKISTAN, through Secretary Ministry of Communication, Federal Secretariat, Islamabad art. 199---Public interest litigation---Scope---It is obligatory for any person claiming a public interest to transparently demonstrate his complete bona fides---Petitioner must show that the litigation being undertaken is not driven by private or vested interests but is genuinely aimed at serving the public interest, good, or welfare.

RIAZ HANIF RAHI vs GOVERNMENT OF PAKISTAN, through Secretary Ministry of Communication, Federal Secretariat, Islamabad art — 2023 CLC 1187 ISLAMABAD

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