The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Per Ch. Mushtaq Ahmad Khan, J.

(a) Constitution of Pakistan (1973), Article 199

Following are legal propositions laid down in the aforementioned judgments and the treatises:—

(i) that the policy matters and the political issues are primarily to be decided on a political platform and as such have to be resolved by the executive and the legislature and not by the judiciary;

(ii) that in case a person is aggrieved of a policy matter of seeks resolution of a political issue, proper course for him is to approach the Government through public so that the matter/issue could be taken up and resolved through public representatives in or outside the Parliament Assemblies;

(iii) that there is a presumption that a decision taken/policy adopted by the Government is in public interest, unless otherwise proved by strong and cogent evidence led to the contrary;

(iv) that the superior Courts in exercise of power of judicial review, although are entitled to strike down excesses committed by the executive authorities, yet may not interfere into the area of the legislature. [p. 1696, 1697] A

As regards the argument that observance of two Holidays in Pakistan is against public interest, it is undoubtedly a social necessity, keeping in view the human nature and also health considerations. It is a must that a human being should observe Holiday on which day he can attend to his other duties than the official work for which purpose he cannot otherwise find time. [p. 1700] G

The issue of loss to the economy and Banking business raised by the petitioner is in fact a question of fact, therefore, merely on the basis of the opinion of the petitioner who is one individual out of twelve crores of people, two office holders of the Lahore Chamber of Commerce and Industry and Lahore Stock Exchange alone, keeping in view the presumption that acts of the Government are presumed to be correct and in the public interest, it is not possible for us to positively hold that the questioned decision has not been taken or otherwise is not in public interest. The issue being more of socio-economic and political nature, can more appropriately be resolved by the Government itself who is in a better position to assess the exact situation which has result due to the observance of two holidays, but can also withdraw the Notification, if it comes to the conclusion that the impugned Notification decision is not in the public interest or is otherwise resulting in causing of loss to economy, hence, it not justiciable in writ jurisdiction of this Court as per law declared in the cases referred to in paragraph No. 4 of the Judgment. [p. 1701] H

Resultantly, we hold that the impugned Notification/decision is neither against the Injunctions of Islam/the Constitution/the law, nor is established to be against the public interest or a cause of loss to economy and Authority to attract the exercise of writ jurisdiction of this Court, Hence, this petition is dismissed with no order as to costs. [p. 1701] I