IRFAN AHMAD CHATTHA vs FEDERATION OF PAKISTAN through Secretary Ministry of Energy (Power Division), Pak Secretariat, Islamabad Ss — 2023 CLD 1064 ISLAMABAD

Case information

Citation: 2023 CLD 1064 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: CLD
Parties: IRFAN AHMAD CHATTHA vs FEDERATION OF PAKISTAN through Secretary Ministry of Energy (Power Division), Pak Secretariat, Islamabad Ss
Subject matter: Constitutional

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

IRFAN AHMAD CHATTHA VS FEDERATION OF PAKISTAN through Secretary Ministry of Energy (Power Division), Pak Secretariat, Islamabad Ss. 157, 163, 166 & 508(2)---Corporate Governance Rules, 2013, Rr. 2(25), 2-C, 3-A(1) & (3)---Constitution of Pakistan, Art. 199---Constitutional petition---Nominee Director---Removal---Doctrine of pleasure---Applicability---Petitioners were nominee directors who were aggrieved of their removal from the Board of Directors---Validity---Nominee Director had no personal right to claim benefit of tenure available to other Directors---Even removal of Nominee Directors was based upon doctrine of pleasure---Petitioners had rightly been removed which was the prerogative of nominating body i.e. Federal Government---It was not constitutional mandate of Courts to run and manage public or private institutions or to micro-manage them or to interfere in their policy and administrative internal matters---Courts neither enjoyed such jurisdiction nor possessed requisite technical expertise in such regard---Courts should step in only when there arise justiciable disputes or causes of action between parties involving violation of Constitution or law---Removal of petitioners by their nominating body was the sole authority of that body within their policy domain to either allow petitioners to continue as members of Board of Directors or to remove them or to reconstitute the Board---Such action of authority could not be called in question by petitioners---High Court declined to interfere in the matter as petitioners failed to highlight their vested right as they were appointed by Federal Government and were not Independent Directors---Constitutional petition was dismissed, in circumstances.

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