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Petitioner: DOSSANI TRAVELS PVT. LTD. and 4 others/s VS Respondent: Messrs TRAVELS SHOP (PVT.) LTD. and others
Court Name: Supreme Court of Pakistan Judge(s): Amir Hani Muslim, Tasaddaq Hussain Jillani Title:DOSSANI TRAVELS PVT. LTD. and 4 others/s vs Messrs TRAVELS SHOP (PVT.)
LTD. and others Case No.:Civil Appeals Nos,800-L, 801-L and 802-L of 2013 Civil Petitions Nos,1148, 1348 of 2013 and C.M.As. Nos,278-L, 279L, 285-L, 289-L, 5328 to 5333, 5378, 5463, 5464 and 5477 of 2013 Writ Petition No,7253 of 2013 and judgment dated 15-7-2013 passed by Islamabad High Court, Islamabad in W.P. No,2939 of 2013 C.M.A. No,278-L of 2013 C.M.A. No,279-L of 2013 C.M.A. No,285-L of 2013 C.M.As. Nos,5328 to 5333 of 2013 C.M.A. No,5378 of 2013 C.M.As. Nos,5515 to 5520 of 2013 C.As. Nos,800-L to 802-L of 2013 C. Date of Judgment:2013-08-27 Reported As: 2013 SCMR 1749 Result: Appeal allowed Judgment ORDER ' For reasons to be recorded later in the detailed judgment, Civil Appeals Nos, 800-L to 802-L/2013 are allowed, Civil Petitions Nos,1148 and 1348 of 2013 are converted into appeals and allowed and C.M.As. Nos,278-L, 279-L/2013, 285-L/2013, 289-L/2013, 5328 to 5333/2013, 5378/2013, 5463/2013, 5464/2013 and 5477/2013 are disposed of and we hold and declare as under:-- (i) that the order of the learned High Court dated 24-6-2013 passed in Writ Petition No,7253 of 2013 is violative of the principle of trichotomy of powers, which is one of the foundational principles of the Constitution of Islamic Republic of Pakistan; (ii) that it is not the function of the High Court exercising jurisdiction under Article 199 of the Constitution to interfere, in the Policy Making Domain of the Executive; (iii) that the learned High Court in the exercise of its Constitutional jurisdiction directed selection of Hajj Group Organizers through bidding process and thereby substituted the criterion laid down in the Hajj Policy framed by the Ministry of Religious Affairs without hearing the appellants/Hajj Group Organizers and others who had already been allocated quota and had made arrangements for intending Hujjaj, which is not tenable in law;
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(iv) that the High Court can under Article 199 of the Constitution annul an order or a Policy framed by the Executive, if it is violative of the Constitution, law or is product of mala fides. However, nothing has been placed before this Court to indicate that the Hajj Policy challenged before this Court seriously suffered from any of these infirmities; and (v) that Ministry of Religious Affairs shall continue to regulate the operation of Hajj i,e, enrollment, registration and allocation of quota every year in the light of a fair and transparent policy and the guidelines to be laid down by this Court in the detailed judgment.