Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAK

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

Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN art. 199---Constitutional petition---Public interest litigation---State property, protection of---Right of citizens---Scope and mandate of art. 199 of the Constitution is discretionary, extraordinary and equitable---Rights accruing to citizens of the State may be in the nature of their personal or collective rights---Initiative may come from a concerned citizen regarding enforcement of a collective right of society, which of course, is also his own personal right being a member and part of the society. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN arts. 29 & 199---Constitutional petition---Policy making---Judicial review---Scope---Policy making is an executive function and is not amenable to judicial review by High Courts unless the policy falls in any of the exceptions to the general rule---Exceptions include if a policy is shown to be in violation of fundamental rights, inconsistent to Constitutional and statutory provisions, or demonstrably arbitrary, capricious, mala fide, discriminatory or unreasonable or opposed to public policy. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN art. 199---Constitutional petition before High Court---Pre-conditions---Scope---In order to invoke jurisdiction of High Court under art. 199(1)(a) and (c) of the Constitution, petitioners are required to cross caveats of 'aggrieved person' or 'locus standi' and absence of 'adequate remedy' provided by law. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN art. 199---Constitutional petition---Locus standi, rule of---applicability---Such rule is discretionary and no hard and fast rule can be laid down with respect to determination of locus standi of a person to knock the door of High Court under art.199 of the Constitution---Discretion is exercised on the basis of sound and established judicial principles depending on facts and circumstances of each case in the light of nature, substance and gravity of the issues raised vis-à-vis their implications upon the rights and interests of the people. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN S.10(2)---Term 'no person shall be deemed as a tenant'---Scope---Intentional use of word 'tenant' in S.10(2) of Colonization of Government Lands (Punjab) Act, 1912, is clarified by the Legislature by using the term 'no person shall be deemed as a tenant' employed in S.10(4) of Colonization of Government Lands (Punjab) Act, 1912, leaving no doubt that land can only be granted under S.10(2) of Colonization of Government Lands (Punjab) Act, 1912, to 'tenants' only and 'person' in terms of Ss. 10(3) & 10(4) of Colonization of Government Lands (Punjab) Act, 1912, is no one else but a 'tenant'. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN arts. 224 & 224-a---Caretaker government---Object, purpose and scope---Caretaker government is generally established during the time of uncertainty when either elected or legitimate or stable government, for any reason, is not in place---By its inherent nature, caretaker government is temporary in character to be replaced with elected or legitimate or stable government---There are limitations and restrictions with respect to any caretaker government in terms of its powers, functions and duties---Normal rule is that a caretaker government limits itself to routine business of the State and in principle, must refrain from making policy decisions---Caretaker government under arts. 224 and 224-a of the Constitution is meant only for an interregnum between elections in accordance with the Constitution primarily as neutral set-up to political stakeholders taking part in elections and to provide for continuity to business of State. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN Charging or controlling section---Scope---Word or subject used in charging or controlling section controls the word or subject used in procedural or subservient provisions. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN art. 199---Constitutional petition---Judicial review---Scope---Real purpose of Judicial review by High Courts is not limited to examining a transaction but it affords an opportunity to every institution or functionary whose acts and actions are under scrutiny to redress its transgressions through effective steps and reforms to ensure that such violations are prevented in future leading to an illuminated way forward in conformity with the Constitution and law. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN S. 10---Elections act (XXXIII of 2017), S. 230---Constitution of Pakistan, arts. 29, 199, 224, 224a, 245 & Third Schedule---Constitutional petition---allotment of land---Partnership and joint venture with Government---Scope---Caretaker government, powers and duties of---Petitioners were citizens of Pakistan who were aggrieved of transfer of more than one million acres of State land by Caretaker Government to Pakistan army on partnership and joint venture basis for the purposes of Corporate agriculture Farming---Petitioners assailed notification issued by Government of Punjab transferring the land in favour of Pakistan army---Validity---Joint venture on profit-sharing basis was beyond the scope of S.10(2) of Colonization of Government Lands (Punjab) act, 1912 as its mandate was limited to creation of tenancy---In order to forcibly bring transaction in question within the scope of controlling provision of S.10(2) of Colonization of Government Lands (Punjab) act, 1912, several provisions were incorporated in notification in question---Statement of Conditions executed between the two parties could not travel beyond the scope of controlling provision and Colonization of Government Lands (Punjab) act, 1912 as a whole---Definition of 'lessee' was inserted in Statement of Conditions to include any person to whom State land was leased---This was done to assign a nomenclature of 'lessee' to Pakistan army as a joint venture partner to circumvent limited mandate of S.10(2) of Colonization of Government Lands (Punjab) act, 1912---Lease through single source was regarded a 'lease' under the Statement of Conditions yet it was subjected to a profit-sharing formula in contrast to a lease through open auction which was based on a rental model---Incorporation of two separate models in Statement of Conditions itself testified that provisions of Notification in question travelled beyond the scope of S.10 of Colonization of Government Lands (Punjab) act, 1912 as the parent Statute---Such arrangement was ultra vires and unlawful---Venture of Corporate agriculture Farming by Pakistan army was not approved by Federal Government as there was no approval of Federal Cabinet---There was also no approval of Chief of army Staff authorizing to undertake Corporate agriculture Farming initiative---Even if there was any such approval, the same was without approval of Federal Government and was unconstitutional and unlawful---Policy of Corporate agriculture Farming was inherently in violation of the guiding principles---State land comprising more than one million acres was reserved for one particular entity, thereby, concentrating holding in one hand, whereas, it was possible and equitable to frame a policy that could call for inclusion of maximum number of persons to ensure that they would earn their livelihood by taking State land on lease---Through policy in question, the cultivators of State land would become employees instead of being direct lessees which would reduce their earnings and means of livelihood---Objective of Corporate agriculture Farming initiative could be well achieved by fixing a ceiling and making a transparent competitive policy so that State land could be divested as lease to maximum beneficiaries who could get benefit from transfer of technology and collaborate with foreign entities willing to invest in the sector---This was precisely the model which was being considered by previous Elected Government---Equally important policy consideration was that State property was to be disposed of in a manner that could fetch maximum return to the State because the property belonged to the nation as a whole and not to a few beneficiaries of a particular scheme---Superior Courts had repeatedly emphasized competitive, published, open and transparent processes to fetch maximum price---Profit-sharing model envisaged by Caretaker Cabinet with inherent risk of loss was against such dictates---Policy in question did not adhere to the guiding Principles of Policy enshrined in the Constitution---Caretaker Government lacked Constitutional and legal mandate to take any decision regarding Corporate agriculture Farming initiative and policy in any manner whatsoever, in terms of S.230 of Election act, 2017---Future elected government could resume Corporative agriculture Farming initiative after the stage of its conditional approval by previous Elected Cabinet and would proceed in accordance with law---armed Forces including Pakistan army and / or its subordinate or attached Departments / offices lacked Constitutional and legal mandate to indulge and participate in Corporate agriculture Farming initiative and policy in terms of art.245 of the Constitution---Transaction in question consisting of the decisions taken and approval accorded to Statement of Conditions in caretaker Ministerial Committee's Meetings, the Notification issued under S.10 of Colonization of Government Lands (Punjab) act 1912, Joint Venture agreement and all subsequent developments including sanction or transfer of State land in favour of Pakistan army were unlawful and of no legal effect and were accordingly set aside---High Court directed that all State land shall stand reverted to Government of Punjab, the Departments and persons as per its previous status; that Board of Revenue shall ensure compliance by amending revenue record, if required, and submit compliance report to the Deputy Registrar (Judicial) of High Court; that office shall transmit certified copy of present Judgment to Federal Government through Secretary Cabinet Division; Secretary, Ministry of Defence; the Chairman, Joint Chiefs of Staff Committee; the COaS; the Chief of the Naval Staff; and the Chief of the air Staff---High Court expected from Federation of Pakistan in concert with the afore-mentioned officers to evaluate all activities and projects of armed Forces and if required, to take appropriate and necessary remedial steps to ensure that those were in conformity with the Constitutional and legal mandate of the armed Forces---High Court also directed to take further necessary steps to sensitize each member of armed Forces regarding the Constitutional and legal mandate of armed Forces in the light of prescribed Oath in the Constitution and consequences arising from possible violations thereof, under the Constitution and law---Constitutional petition was allowed accordingly. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN Preamble---State, concept of---Scope---State as a modern political construction emerged in early modern Europe and has been replicated in all other parts of the world---Most important and distinct aspect of the State that separates it from other forms of political associations is its abstract quality that it is an overarching and exclusive corporate entity in a defined territory on which it exercises internal and external sovereignty with respect to a permanent population by establishing a Government having the capacity to maintain internal order and enter into relations with other sovereign States---State consists, most broadly, upon the agreement of individuals on the means, whereby, resources are employed in the interest of people to achieve their will and disputes are settled in the form of laws---Such agreement is a social contract between the people backed by their will and sanction. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN Preamble---Constitution of Pakistan, Art. 245---Functions of Armed Forces---Scope---For the effective operation and functioning of Pakistan Army, Pakistan Army Act, 1952 has been promulgated to run the institution---There is no provision therein which allows Pakistan Army to undertake any function beyond the prescribed Constitutional mandate in Art. 245 of the Constitution---Members of Armed Forces as a principle should not be assigned any permanent civilian role which allows their interaction with civilian population or with civil administration of the State to avoid disputes and differences which are inherent in any civilian disposition so that each member of the Armed Forces can function beyond political divide and perform his duties in a neutral and non-partisan manner---Such is the importance of this rule that Art. 245(3) of the Constitution even ousts jurisdiction of High Court under Art. 199 of the Constitution in relation to any area in which Armed Forces of Pakistan, for the time being, are acting in aid of civil power in pursuance of Art. 245 of the Constitution---Institution of Armed Forces of Pakistan as an institution of the State is to be kept in segregation or oblivion to all other civil institutions of the State so that it can focus upon its primary responsibility of defending Pakistan and protecting its people without being involved in any kind of political, social or economic divide which may erode its professional capability, neutrality, prestige and pride. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN S.4---Partnership and joint venture---Distinction---Partnership and joint ventureare distinguished from each other in terms that former is an arrangement based on profit and loss sharing between two or more persons within one firm, whereas, a joint venture is a combination of two or more natural or juristic persons, as such, distinct legal entities that seek development of single enterprise or project for profit, sharing the risks associated with its development---As a corporate model, it is generally used between two or more entities when they wish to combine such resources which they may not possess separately but deem it necessary for the success of the project. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN art. 199---Constitutional petition---Public interest litigation---aggrieved person---Scope---If there is any abuse of trust or violation of law, it confers a right upon any member of the general public as an 'aggrieved person' to invoke Constitutional jurisdiction of High Court, subject to fulfilling other requirements under art. 199 of the Constitution. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN arts.90, 91, 243 & 245---armed Forces, institution of---Role, command and control---Scope---Institution of armed Forces was created by the Constitution itself under the control and command of Federal Government---Realizing the importance of the armed Forces with respect to its foremost duty regarding protection of citizens against external aggression or internal disturbances, the supreme command was vested in the institution of the President who is the symbol of unity of the State, though the executive authority of Federation of Pakistan is exercised through Prime Minister and the Federal Cabinet in terms of arts. 90 & 91 of the Constitution---armed Forces are always subject to the Constitution and law and directions of Federal Government. Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN Practice and procedure---When a law requires a thing to be done in a particular manner, it should be done in that manner, or not done at all.

Citation Name: 2023 CLC 1535 LAHORE-HIGH-COURT-LAHOREBookmark this Case PUBLIC INTEREST LAW ASSOCIATION OF PAKISTAN vs FEDERATION OF PAKISTAN art — 2023 CLC 1535 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2023 CLC