ANOUD TASVEER JUMANI vs FEDERATION OF PAKISTAN S — 2026 PLD 250 KARACHI-HIGH-COURT-SINDH

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ANOUD TASVEER JUMANI VS FEDERATION OF PAKISTAN S.2(h)---Public Procurement Rules, 2004, R.50---Constitution of Pakistan, Art. 199---Constitutional petition---Mis-procurement---Arbitration clause, bar of---Scope---Cancellation of dealership license agreement---Petitioner was aggrieved of cancellation of dealership license agreement by Pakistan State Oil (PSO) and awarding of new contract to respondent---Plea raised by respondent was that due to arbitration clause, Constitutional petition was not maintainable---Validity---Dealership License Agreement between PSO and respondent was entered into illegally, and had constituted mis-procurement within the meaning of S.2(h) of Public Procurement Regulatory Authority Ordinance, 2002 read with R.50 of Public Procurement Rules, 2004---High Court set aside the agreement entered into between PSO and respondent, as it could not be sustained---Petitioner had only challenged legality of issuance of termination letter and the remedy of arbitration was neither inexpensive nor expeditious and hence not an efficacious remedy so as to bar High Court from exercising its jurisdiction under Art.199 of the Constitution---High Court declared that termination letter issued by PSO to petitioner was illegal and the same was set aside and the agreement in favour of respondent was declared as mis-procurement, invalid and was also set aside---Constitutional petition was allowed, in circumstances. Citation Name: 2026 PLD 250 KARACHI-HIGH-COURT-SINDHBookmark this Case ANOUD TASVEER JUMANI VS FEDERATION OF PAKISTAN art.199---Constitutional petition---Maintainability---Laches---applicability---Respondent assailed maintainability of petitioner on the plea of laches---Validity---Determination of laches in respect of petition is not a bar to maintain petition, rather it is bar to the grant of relief on the basis that on account of delay caused in maintaining petition other rights have accrued in favour of another person and which rights having been permitted to accrue impress on the Court not to grant relief to petitioner---There must be a comparison as between the rights lost by a petitioner and the rights accrued in favour of a respondent on account of delay on the part of petitioner to maintain the petition---Petitioner's rights were terminated on 23-06-2023 and rights of respondent admittedly commenced from 11-07-2023 and challenge to which was made on 15-07-2023i.e. 4 days later---Such time period could not be considered to be a long enough period where rights could deemed to have become so entrenched in respondent so as to disentitle the petitioner from maintaining Constitutional petition on the ground of laches---Constitutional petition was maintainable, in circumstances. Citation Name: 2026 PLD 250 KARACHI-HIGH-COURT-SINDHBookmark this Case ANOUD TASVEER JUMANI VS FEDERATION OF PAKISTAN art.199---Constitutional petition---Maintainability---Civil suit, pendency of---Effect---Such suit cannot disentitle a petitioner from maintaining a petition to challenge legality of termination of it's dealership with State enterprise or to challenge Distribution License agreement entered into between State enterprise and private respondent on the grounds of non-compliance of provisions of Public Procurement Regulatory authority Ordinance, 2002 or Public Procurement Rules, 2004. Citation Name: 2026 PLD 250 KARACHI-HIGH-COURT-SINDHBookmark this Case ANOUD TASVEER JUMANI VS FEDERATION OF PAKISTAN art. 95---Diplomatic and Consular Officers (Oaths and Fees) act (XXI of 1948), S.3(1)---Constitution of Pakistan, art.199---Constitutional petition---Maintainability---Oaths and notarial acts abroad---Power of attorney---Verification by Ministry of Foreign affairs---Respondent contended that Constitutional petition was not maintainable as the power of attorney on the basis of which the petition was filed had not been verified by Ministry of Foreign affairs---Validity---There is presumption of validity under art.95 of Qanun-e-Shahadat, 1984 that the Power of attorney had been notarized---Both Diplomats and Consular Officers of a Pakistan's Embassy or High Commission are permitted under S.3(1) of Diplomatic and Consular Officers (Oaths and Fees) act, 1948 to perform notarial functions---There was no other requirement in any law that could require a document that had been attested by such an officer, to be subjected to further requirement of reverification of that document by the Ministry of Foreign affairs---Power of attorney in question was attested by a Consular Officer of a Pakistani High Commission and that was enough to reject the objection raised by respondent---Object was overruled, in circumstances.

ANOUD TASVEER JUMANI vs FEDERATION OF PAKISTAN S — 2026 PLD 250 KARACHI-HIGH-COURT-SINDH

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