Mirza ASLAM BAIG vs FEDERATION OF PAKISTAN through Minister for Finance and Revenue, Government of Pakistan, Islamabad R — 2025 PTD 1100 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PTD 1100 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PTD
Parties: Mirza ASLAM BAIG vs FEDERATION OF PAKISTAN through Minister for Finance and Revenue, Government of Pakistan, Islamabad R
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

Mirza ASLAM BAIG VS FEDERATION OF PAKISTAN through Minister for Finance and Revenue, Government of Pakistan, Islamabad R. 75(1)(iii)---Constitution of Pakistan, Arts.4(1), 18 & 25---Participation in auction/bidding, denial of---Effect ---Right of livelihood---Right to enter upon any lawful profession or occupation---Equality---Petitioner (a bidder participating regularly in Customs Department's/respondent's auctions) filed constitutional petition against an order restricting him from entering Customs premises and participating in future auctions ('impugned order')---Said restictive order was passed by the respondent due to a complaint filed by petitioner / alleging that an auction of a lot was secretly sold to another bidder at a significantly lower price than his offer---Validity---Petitioner, being a regular and experienced bidder with over two decades of active participation in public auctions conducted by the Customs department, acted well within his legal rights to report what he perceived to be an irregular and unlawful disposal of auction goods ---Legitimate act of lodging a complaint by the petitioner could not, in law or equity, form the basis for depriving him of his right to participate in future auctions, which constituted his sole source of livelihood, and which was against his rights guaranteed under Art. 4(1) of the Constitution---Article 18 of the Constitution further reinforced the petitioner's position by conferring right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business while equality of citizens, as a fundamental right, was guaranteed under Art. 25 of the Constitution---High Court set-aside the impugned restricting order against the petitioner (regular bidder)---Constitutional petition was allowed.

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