Skip to main content

LHC admits plea challenging PIA’s privatisation

RAWALPINDI: The Lahore High Court’s (LHC) Rawalpindi bench has admitted a petition challenging PIA’s privatisation process and also asked the top law officer to respond to the questions raised in the plea.


Justice Jawad Hassan issued the order on Friday on a pro bono petition filed against the procedure adopted to privatise PIA.


The judge also expressed his intention to examine the law introduced by the previous caretaker government to set up an appellate tribunal for privatisation disputes.


The petition stated that the government issued an advertisement to privatise the national carrier without properly evaluating its local and foreign assets as required under the Privati­sation Commission Ordinance, 2000.


When the judge questioned the petitioner’s counsel over the plea’s maintainability, he argued the requirements in Section 23 of the Privatisation Commission Ordinance, 2000 have not been met.


While proceeding with the privatisation process, principles already settled by the Supreme Court were also ignored, he argued, adding that the bench could take up this case.


Justice Hassan recalled a judgement authored by Justice Syed Man­soor Ali Shah in a case titled ‘Arshad Waheed versus Province of Punjab and others’ where he detailed the high court’s powers in such matters.


According to Justice Hassan under Article 199 (jurisdiction of the high court) of the Constitution, the high court is empowered to examine administrative actions from the touchstone of violation of law and breach of the Cons­titution. He, however, added that the power of judicial review is regulated by the principle of judicial restraint.


“[J]udicial restraint encourages the judges to exercise their powers with restraint and wisdom and to limit the exercise of their own powers to intervene in the matters relating to [the] policy of the Statutory Bodies/Board having financial perspective and outcome and exercise.”


The petitioner’s counsel argued that his client is only challenging PIA’s privatisation process because the mandatory requirement of advertisement, as given in Section 23 (advertisement of privatisation) of the Privatisation Commission Ordinance, 2000, has not been fulfilled.


He also drew attention towards the amendment introduced by the caretaker government in Section 28 of the Privatisation Commission (Amend­ment) Ordinance, 2023, whereby an appellate tribunal was constituted.


He stated that there is no need for any such tribunal when the high court is empowered to hear such cases.


The court order said that cases regarding PIA’s privatisation are already pending before the Sindh High Court (SHC) and also argued before a single-member LHC bench.


But on the criteria laid down by the SHC in the case of the KESC Labour Union and the fact that certain provisions of the Pakistan International Airlines Corporation (Conversion) Act, 2016 needed to be interpreted, “subject to maintainability of this petition notice be issued to the Respondents,” said the court order.


The court also directed the law officer to seek instructions from the relevant authorities and ensure that para-wise comments are submitted by the respondents in four weeks.


The court also issued notice to the at­­torney general to respond to legal qu­­es­tions raised in this petition and adj­ou­r­ned further hearing till September 12.


Published in Dawn, June 29th, 2024


http://dlvr.it/T8wgYd

Comments

Post a Comment

Popular posts from this blog

Student council oath-taking ceremony

Islamabad:The Millennium College hosted a Student Council Investiture Ceremony 2019 at its Flagship Campus, I-9/3, says a press release.The student council comprising of AS & A Level, IBDP program and IGCSE’s vowed under oath that they will be active and responsible members of the student executive council and will abide by the laws made by the college and the managing body to guarantee themselves and the student body a better campus life.Ambassador Ali Sarwar Naqvi graced the occasion and inducted the School’s Head Boy Sarosh Atif and Head Girl Qirrat Ali as well as the Executive Council Members of all clubs and societies established within the school system. After administering the oath, Ambassador Ali Sarwar Naqvi along with the Founder & Chairman The Millennium Education Chaudhry Faisal Mushtaq, Director International Qualifications Azra Tahir and Principal of Millennium College, Campus I-9/3, Muneeze Muzzafar awarded sashes, badges and certificates to the members of the co...
Post a Comment
Read more

3 drug pushers, bootlegger held

Islamabad :Islamabad Industrial Area Police have arrested three drug pushers and a bootlegger besides recovery of narcotics and 120 liter liquor from them, a police spokesman said.According to details, a police team of Industrial Area police station arrested three drug pushers namely Kamran, Irfan and Shamoon Masih and recovered 320 gram heroin and 210 gram hashish from them,.Another police team arrested a bootlegger namely Ansar Javed and recovered 120 liter wine, bottles, stickers and brewing equipment from him. Cases have been registered against these nabbed persons and further investigation is underway from them.SP (Industrial Area) Zubair Ahmad Shaikh has said that Industrial Area zone police is doing its job efficiently and crackdown against criminals would be continued.Despite the sit in, he said Islamabad Police has been performing its duty quite efficiently and has successfully managed to maintain the daily life in the Capital.In this regard, Senior Police officers including S...
Post a Comment
Read more

Pragmatic steps taken to implement Axle Load Control regime on NH&MP

Islamabad: Ministry of Communications has taken pragmatic steps to implement the Axle Load Control regime on Motorways & National Highways in the country. Sole objective of this move is to control travelling of overloaded vehicles which lead to fatal accidents besides damaging the national asset of road network of billions of rupees.Prior to implementation of axle load control regime, a technical committee was formed, consisting of officers from Ministry of Communications and National Highway Authority which remained in constant contacts with transport community, Members of the Chambers of Commerce and stakeholders hailing from all the provinces. This technical committee visited their offices and held detailed discussions in series of meetings and took them into confidence to facilitate implementation of Axle Load Control regime. The stakeholders assured of their full cooperation and subsequently, implementation of Axle Load Control was realized which is in progress.It is worth to ...
Post a Comment
Read more