MUHAMMAD IBRAR vs GOVERNMENT OF PUNJAB through Secretary, Ministry of Food Punjab art — 2024 CLC 1047 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 CLC 1047 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: CLC
Parties: MUHAMMAD IBRAR vs GOVERNMENT OF PUNJAB through Secretary, Ministry of Food Punjab art
Subject matter: Constitutional
Provisions referred to: S. 3---C; S. 3

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

MUHAMMAD IBRAR VS GOVERNMENT OF PUNJAB through Secretary, Ministry of Food Punjab art. 18---Freedom of trade, business or profession---Principle---Such freedom is not an absolute right, rather it is regulated by some restrictions. Citation Name: 2024 CLC 1047 LAHORE-HIGH-COURT-LAHORE MUHAMMAD IBRAR VS GOVERNMENT OF PUNJAB through Secretary, Ministry of Food Punjab S. 3---Constitution of Pakistan, Art. 18---Policy, framing of---Jurisdiction---Trichotomy of power---Petitioners / flour mills owners were aggrieved of policy framed by Provincial Government regarding issuance of wheat quota to their mills for grinding---Petitioners / flour mills owners sought increase in their wheat quota---Held, that Legislature is representative of the people to enact law and law so enacted acquires legitimacy---Framing of policy with regard to a particular subject is within the exclusive domain of the Executive, which is in a better position to decide on account of its mandate, experience, wisdom and sagacity which are acquired through diverse skills---Last pillar of the trichotomy of powers is the Judiciary, which is entrusted with the task to interpret law and to play role of arbiter in cases of disputes between individuals inter se and between individuals and the State---Right of freedom of trade, business or profession is always subject to such qualifications, if any as may be prescribed by law---Such qualifications empower Government to frame a policy, which is even provided under S. 3 of Punjab Foodstuffs (Control) Act, 1958---High Court declined to annul policy framed by the Executive, as there was no illegality, perversity, arbitrariness or established mala fide---Constitutional petition was dismissed, in circumstances.

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