Per Malik Muhammad Qayyum, J.(a) Constitution of Pakistan (1973), Articles 2-A, 18, 29 and 38
r/w Punjab Minor Minerals Concession Rules, 1990—R. 12(2)(ii)(d)
The notification also appears to be against the directive principles of policy provided in the Constitution which embody the Islamic principles of social justice, to the effect that concentration of wealth in the hands of few must as far as possible be avoided. The conditions imposed by the notification are also likely to prevent fair competition. Even the learned Advocate-General did not seriously contest this point.
In view of what has been said above, all these petitions are allowed only to the extent that the notification dated 18-6-1991 issued by respondent no. 3 is declared to be without lawful authority and of no legal effect and to the remaining extent, all the petitions are dismissed with no order as to costs.
Advocate for the Petitioner :
Mr. Raja Muhammad Anwar
Advocates for the Respondents :
Maqbool Elahi Malik, A.-G. and Najaf Hussain Shah
Date of hearing : 16th February 1992.