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PLD 2013 SC 167

Per, Anwar Zaheer Jamali and Asif Saeed Khan Khosa, JJ

(a) Constitution of Pakistan, 1973, Articles 29, 38 & 184(3)

Today, in response to it, Mr. Aja Ali Khan, Secretary Coal and Energy Development Department, Government of Sindh is present. He states that the Federal Government has already released Rs. 900 million for the Project and after release of these funds, now work at site is in progress for gasification and initial generation of 8 to 10 mega watts of electricity; which shall be thereafter expanded on regular basis. Mr. Abdur Rehman, Chief (S&T). Planning Commission, present on behalf of Secretary, Planning & Development Division, Government of Pakistan also confirms that Rs. 900 million have been already released by the Ministry of Finance, Government of Pakistan for the Project, while the remaining sum of Rs. 900 million will also be released within the current financial year, to expedite the progress on this Project. Both the officials are directed to place on record all these facts and figures in writing.

It is pertinent to mention here that under the scheme of the Constitution having its structure based on trichotomy of power amongst its different organs i.e. legislature, executive and judiciary, each of its organ has to work and exercise its authority strictly within its mandate, without encroaching upon or usurping the jurisdiction/functions of any other organ of the State.

From the bare reading of the Constitution, particularly, Articles 29 and 38 of Chapter 2, Part-II, relating to principles of policy, it is evident that policies are to be made by the respective Federal and Provincial Governments and all decisions regarding their implementation are also to be taken by them on the basis of determined priorities of different projects and availability of financial resources at their disposal. Obviously, this exercise cannot be ordinarily interfered with by this Court by invoking its jurisdiction under Article 184(3) of the Constitution, unless shown to be mala fide or in violation of the fundamental rights guaranteed under the Constitution to every citizen of this Country, thereby affecting the interest of public at large.

In view of the above statement of facts by the two concerned officials from the Federal Government and the Provincial Government and the material placed on record, at this stage, we are satisfied that no further action is required to be taken in this petition, which has served its purposed to a greater extent upon release of 50% funds for the project and commitment of the Federal Government for release of remaining 50% funds within this financial year. Accordingly, this petition is disposed of. [pp. 170, 171] A, C, D & E

(b) Constitution of Pakistan, 1973, Articles 29 & 38

We are afraid that at the instance of petitioners, in order to expedite the progress of the Project, we cannot assume the functions of policy making or determining the priorities of various development projects in the country, which are the exclusive domain and functions of the Federal and Provincial Government, as the case may be, who have their own ministries, departments, commissions and consultants etc. for policy, making determining the priorities of various development projects and its implementation. [p. 170] B

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