Arts. 18 & 199---Constitutional petition---Right of business---black list ing of a contractor---Petitioner was a manufacturer of electric cables and conductor etc. and authorities black list ed the petitioner on account of breach of contract and failure to supply material on time---Plea raised by petitioner was that such reasons were not a sufficient cause to necessitate black list ing and circulation of letter of black list ing had infringed Fundamental Right of carrying on lawful business guaranteed by Art.18 of the Constitution---Validity---Registration procedures that had been relied upon by both sides, which permitted different actions to be taken against delinquent firms, including black list ing, removal and placing of embargo---black list ing could only be resorted to after obtaining approval of Registration Committee---Authorities did not file any document to show that Registration Committee was constituted to consider black list ing the petitioner and had granted an opportunity of hearing to petitioner before passing order approving black list ing---Reasons stated by authorities in the letter for black list ing the petitioner did not come within any of the categories list ed in Registration Procedures---Petitioner manufactured cables and conductors which were mostly used by power generating and distribution companies and National Transmission Distribution company and an extreme action of black list ing petitioner effectively prevented it from carrying on with its lawful business and consequently would drive petitioner out of business---Such action of authorities had violated Fundamental Rights of carrying on a lawful business guaranteed by Art.18 of the Constitution---Authorities had also violated their own Registration Procedures---High Court, in exercise of constitutional jurisdiction, declared the letter issued by authorities as unlawful and of no legal effect and petitioner would not be considered as black list ed or treated as such---High Court directed the authorities to circulate letter of recall of black list ing to all those to whom letter of black list ing of petitioner was circulated---Petition was allowed accordingly. 2011 PLD 67 Quetta
Posted on: Fri, 31 Jan 2014 08:20:11 +0000