Discrimination rejected by high court in writ.
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| D |
آئین پاکستان کے آرٹیکل 25 اور 199 کے تحت مساوات اور حکومتی پالیسی
کیس کا پس منظر
امتیازی سلوک اور مساوات کے اصول
حکومتی پالیسی کی شمولیت اور یکسانیت
صوبائی کابینہ کے فیصلے کی غیر قانونی حیثیت
عدالتی نظائر
Must read Judgement
2024 C L C 1531
[Balochistan]
Before Muhammad Hashim Khan Kakar, CJ and Shaukat Ali Rakhshani, J
MUHAMMAD SIDDIQUE UMRANI and another----Petitioners
Versus
GOVERNMENT OF BALOCHISTAN through Chief Secretary and others----Respondents
C.Ps. Nos.65(S) and 709 of 2024, decided on 21st June, 2024.
Constitution of Pakistan---
----Arts. 25 & 199---Constitutional petition---Discrimination---Procurement of wheat---Subsidy to farmers---Petitioners were aggrieved of decision of Provincial Cabinet to procure wheat from a particular area in a large quantity, for which there were no arrangement of storage---Validity---There was issue of discrimination in grant of subsidies only to the farmers of the particular area from where wheat was to be procured---Equality before law was guaranteed by the Constitution and discrimination on arbitrary grounds was prohibited---Differential treatment of farmers, where some benefited from free water for irrigation while others incurred substantial costs to access water, had raised questions of equity and fairness---Government policy must be inclusive and equitable to all farmers, irrespective of their geographical location or access to natural resources---High Court in exercise of Constitutional jurisdiction set aside decision of Provincial Cabinet to procure wheat at subsidized rates after allocating Rs. 500 million, as such decision was illegal---High Court directed Provincial Government to divert the amount towards payment of loan and establishment of technical center, town planning and supply of drinking water etc.---Constitutional petition was allowed accordingly.
Government of Balochistan v. Azizullah Memon PLD 1993 SC 341 and I.A.Sherwani v. Government of Pakistan and others 1991 SCMR 1041 rel.
Rahib Khan Buledi, Ilyas Khosa, Kalsoom Langove, Rahat Bashir and Azam Langove for Petitioner (in C.P. No.(S)65/2024).
Muhammad Asif Reki, Advocate General and Zahoor Ahmed Baloch, Additional Advocate General (AAG), Sarfaraz Bugti, Chief Minister, Balochistan assisted by Muhammad Asghar Harifal, Secretary Food Department GoB, Zafarullah Goya, D.G. Food Department GoB and Muhammad Rahim Bangulzai, Director Food Department GoB
for Official Respondents (in C.P. No.(S)65/2024).
Ahmed Bilal Kakar and Kamran Khan for Respondents Nos.6 and 7 (in C.P. No.(S)65/2024).
Pervaiz Khan for Petitioner (in C.P. No.709/2024).
Muhammad Asif Reki, Advocate General and Zahoor Ahmed Baloch, Additional Advocate General (AAG), Sarfaraz Bugti, Chief Minister, Balochistan assisted by Muhammad Asghar Harifal, Secretary Food Department GoB, Zafarullah Goya, D.G. Food Department GoB and Muhammad Rahim Bangulzai, Director Food Department GoB for Official Respondents (in C.P. No.709/2024