The Recent Law Laid Down by the Supreme Courts of Pakistan and India on Transparency in the Realm of Public Contracts
Before the Honorable Supreme Court of Pakistan
(Appellate Jurisdiction)
CPSLA NO. 796 OF 2007
1.Maulana Abdul Haque Baloch, Former MPA and MNA, Jammat-e-Islami
2.Yusuf Masti Khan, Secretary General, National Workers Party
3.Ehsan Ullah Waqas, MPA, Punjab
Petitioners VERSUS 1. The Government of Balochistan through Secretary Industries and Mineral Development Quetta
2. The Balochistan Development Authority, Quetta
3. The Federation of Pakistan through Secretary Ministry of Petroleum and Natural Resources, Islamabad
4. Tethyan Copper Company, House No. 324, Hillside Road, Sector E-7, Islamabad
5. Antofagasta Plc, 5-Princess Gate, London
6. Muslim Lakhani, Director, Tethyan Copper Company
7. Barrick Gold Corporation, BCE Place, Canada Trust Tower, 161 Bay Street, Suite 3700 n, Toronto, Canada
8. The BHP Minerals Intermediate Exploration Inco Islamabad
Respondents
Civil Petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 for Leave to Appeal against Judgment dated 26.06.2007 of the Honorable Balochistan High Court passed in Writ Petition No. 892 of 2006 vide which judgment the writ petition filed by the petitioners was dismissed
JUDICIAL PRECEDENTS OF THE HONORABLE SUPREME COURT OF PAKISTAN AND INDIAN SUPREME COURT ON TRANSPARENCY/COMPETITION IN THE REALM OF PUBLIC CONTRACTS
A. Honorable Supreme Court of Pakistan
1. PLD 2006 SC 697 (Pakistan Steel Mills case – Watan Party vs. Federation of Pakistan and others)
O at page 738 – “The Courts have consistently refrained from interfering with economic decisions as it has been recognized that economic expediencies lack adjudicative disposition and unless the economic decision, based on economic expediencies, is demonstrated to be so
(Appellate Jurisdiction)
CPSLA NO. 796 OF 2007
1.Maulana Abdul Haque Baloch, Former MPA and MNA, Jammat-e-Islami
2.Yusuf Masti Khan, Secretary General, National Workers Party
3.Ehsan Ullah Waqas, MPA, Punjab
Petitioners VERSUS 1. The Government of Balochistan through Secretary Industries and Mineral Development Quetta
2. The Balochistan Development Authority, Quetta
3. The Federation of Pakistan through Secretary Ministry of Petroleum and Natural Resources, Islamabad
4. Tethyan Copper Company, House No. 324, Hillside Road, Sector E-7, Islamabad
5. Antofagasta Plc, 5-Princess Gate, London
6. Muslim Lakhani, Director, Tethyan Copper Company
7. Barrick Gold Corporation, BCE Place, Canada Trust Tower, 161 Bay Street, Suite 3700 n, Toronto, Canada
8. The BHP Minerals Intermediate Exploration Inco Islamabad
Respondents
Civil Petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 for Leave to Appeal against Judgment dated 26.06.2007 of the Honorable Balochistan High Court passed in Writ Petition No. 892 of 2006 vide which judgment the writ petition filed by the petitioners was dismissed
JUDICIAL PRECEDENTS OF THE HONORABLE SUPREME COURT OF PAKISTAN AND INDIAN SUPREME COURT ON TRANSPARENCY/COMPETITION IN THE REALM OF PUBLIC CONTRACTS
A. Honorable Supreme Court of Pakistan
1. PLD 2006 SC 697 (Pakistan Steel Mills case – Watan Party vs. Federation of Pakistan and others)
O at page 738 – “The Courts have consistently refrained from interfering with economic decisions as it has been recognized that economic expediencies lack adjudicative disposition and unless the economic decision, based on economic expediencies, is demonstrated to be so