The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Per Saeeduzzaman Siddiqui, J.

(a) Constitution of Pakistan (1973), Articles 184, 18 & 23:

Article 184(3) — Constitutional petition before Supreme Coaurt — Maintainability — Relief which the petitioners had asked againset the Government and the Banks was on the basis of the rights which they claimed to have acquired as a result of the representation made to them by a scheme of the Government and on which they acted in good faith — Petitioner thus claimed that banks be compelled to contribute 90 per cent of loan component promised under the said Government scheme and on account of Government’s representation in the form of said scheme petitioner acquired a vested right to avail the concession in accordance with said scheme — Held, grant of reliefs prayed for did not require enforcement of any of Fundamental Rights mentioned in Chap. I of Part II of the Constitution of Pakistan and as such to the extent of such relies, Constitutional petition under Article 184(3) of the Constitution before Supreme Court were not maintainable. [p. 631] A

Articles 184(3), 18 & 23 — Sale of Goods Act (III of 1930), S. 23 –Customs Act (IV of 1969), S.s 19 — S.R.O. No. 1046(1)/91 dated 14.10.1991 — S.R.O. No.251(1)/93 dated 3.4.1993 — S.R.O. No. 493(1)/93 dated 14.6.1993 — S.R.O. No. 815(1)/93 dasted 16.9.1993 — S.R.O. No.825(1)/93 dated 20.9.1993 — Customs General Order No. 13 of 1993 — Sale of unascertained goods and appropriation — Constitutional petition before Supreme Court by petitioners under a Government Scheme — Whens the goods were put on board for shipment to the petitioners and the Bill of Lading and invoices were drawn in their names the property in the goods passed to the petitioners and the only right which the seller possessed in respect of these goods was the right to claim the balance price of the goods from petitioners — Held, to the extent the right of petitioners to dispose of the imported goods in accordance with Government Scheme, was obstructed or denied by the Government, it constituted violation of their right of freedom to follow a lawful trade and business and their right to acquire, hold and dispose of property in accordance with law which was granted under Articles 18 and 23 of the Constitution of Pakistan — Question raised in the petition, being also that of public importance, judicial requirement of Article 184(3) of the Constitution of Pakistan in respect of relief claimed in the petition was satisfied and petitions to that extent were maintainable. [pp.631-632] B & C

Per Ajmal Mian, J.

Article 184(3) — Constitutional petition before Supreme Court — Maintainability — Yellow Cab Scheme — Scheme was intended to cover the entire country and under the Scheme people from all provinces had booked vehicles which were intended to be used as taxis for the benefit of public at large — Matter involving a question of public importance, petition under Article 184(3) was maintainable in circumstances. [p.638]G

Article 184(3) — Constitutional petition before Supreme Court — Maintainability — Yellow Cab Scheme — Provision in the scheme for loan of 90 per cent of the cost of a vehicle booked by an express undertaking bys the nationalised Bank concerned could not be enforced under Article 184(3) of the Constitution for the alleged breach on the part of Government and the named nationalised Banks had no nexus with the enforcement of Fundamental Rights mentioned in Part II, Chap. I of the Constitution. [p. 639] H

Articles 184(3) & Part II, Chapter I — Constitutional petition to Supreme Court — Maintainability — Yellow Cab Scheme — Provision in scheme pertaining to exemption from the payment of Customs duty etc. backed by Government Notifications under the relevant provisions of the relevant law — Refusal on part of Government to allow such exemption which had the backing of Government notification at relevant time had nexus with
enforcement of fundamental rights as mentioned in Part II, Chap. I of the Constitution and petition under Article 184(3) was maintainable. [p. 639] I

Articles 23 & 18 — Yellow Cab Scheme — Letters of Credit were opened by the distributors/suppliers of the vehicles under the scheme and on arrival of such vehicles in Pakistan, these were cleared from the port after making all the payments, the property in the vehicles had thus passed in them, and therefore, any illegal constraint imposed by the Government to deal with the vehicles in question would be violative of Articles 23 & 18
of the Constitution of Pakistan.

As the L.Cs. were opened by the distributors/suppliers of the vehicles under the YJellow Cab Scheme and as the vehicles arrived in Pakistan, the vehicles were cleared from the port after making all the payments, the sproperty in the same and passed in them and, therefore, any illegal constraint imposed by the Government to deal with the vehicles would be violative of Article 23 of the Constitution. Article 23 guarantees that every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan subject to reasonasble restrictions imposed in public interest. The Government’s action not to allow this distributors/ suppliers or the applicants to deal with the vehicles in accordance with the Scheme would amount to interference with the right of property guarnteed under the Article. It will also be violative of Artice 18 as it amounts to interference with lawful trade and business. Suppose “A” has invested his entire working capital in the import of 500 vehicle under the Scheme as a distributor, the Government kdoes not allow him to deal with them in accordance with law. This will not only be violative of Article 23 but will also be in breach of Article 18 of the Constitution. [p.639]K

Orders accordingly.

Dates of hearing : 4th and 5th April, 1994.