OGDCL shares
SC seeks help on question of law
ISLAMABAD: The Supreme Court on Monday sought assistance of Attorney General for Pakistan (AGP) and Advocate General Khyber Pakhtunkhwa (KPK) over a question of law, i.e., whether a High Court has jurisdiction to decide on a dispute between a province and the federation under Article 184 (1) of the Constitution.
A three-member bench of Chief Justice Nasirul Mulk resumed the hearing of the federation’s appeal challenging the Peshawar High Court (PHC) verdict of October 3 that stayed the sale of OGDCL shares till October 20.
During the proceedings, AGP Salman Aslam Butt apprised the bench that the federal government has conducted road shows in London, Singapore, Hong Kong and Houston for the sale of OGDCL shares, saying the process of privatization was initiated in May 2014.
The AGP further said that various bidders were ready to participate in the sale of OGDCL shares in response to government’s road shows.
He pleaded that at the last minute of the bidding process the KPK government indulged in adjudication; and it was granted a stay order by the PHC, adding that the provincial High Court did not have jurisdiction to issue the stay order in the matter.
The AGP argued that the PHC verdict in the matter has not only shaken the confidence of international bidders but has also dented the chance of possible foreign investment in the country.
The AGP prayed the court to allow the federation to complete the process of sale of OGDCL shares as the bidding amount shall be credited to Federal Consolidated Fund.
The KPK government’s counsel, Wasim Sajjad, contended that after the passage of the 18th Amendment it is mandatory to seek provincial approval on the sale of provincial assets. He asked under what mechanism the federal government had decided on the sale of 50 percent shares in OGDCL of the KPK government.
Chief Justice Nasirul Mulk observed that a dispute between the federation and province in the current matter has raised questions of law of general public importance namely whether the provincial High Court has the jurisdiction to pass an order relating to the question of a dispute pending between the province of the country and the federal government.
The bench decided to seek assistance of the AGP and Advocate General of the KPK in the matter and adjourned the hearing of case till Oct 14 (today)
SC seeks help on question of law
ISLAMABAD: The Supreme Court on Monday sought assistance of Attorney General for Pakistan (AGP) and Advocate General Khyber Pakhtunkhwa (KPK) over a question of law, i.e., whether a High Court has jurisdiction to decide on a dispute between a province and the federation under Article 184 (1) of the Constitution.
A three-member bench of Chief Justice Nasirul Mulk resumed the hearing of the federation’s appeal challenging the Peshawar High Court (PHC) verdict of October 3 that stayed the sale of OGDCL shares till October 20.
During the proceedings, AGP Salman Aslam Butt apprised the bench that the federal government has conducted road shows in London, Singapore, Hong Kong and Houston for the sale of OGDCL shares, saying the process of privatization was initiated in May 2014.
The AGP further said that various bidders were ready to participate in the sale of OGDCL shares in response to government’s road shows.
He pleaded that at the last minute of the bidding process the KPK government indulged in adjudication; and it was granted a stay order by the PHC, adding that the provincial High Court did not have jurisdiction to issue the stay order in the matter.
The AGP argued that the PHC verdict in the matter has not only shaken the confidence of international bidders but has also dented the chance of possible foreign investment in the country.
The AGP prayed the court to allow the federation to complete the process of sale of OGDCL shares as the bidding amount shall be credited to Federal Consolidated Fund.
The KPK government’s counsel, Wasim Sajjad, contended that after the passage of the 18th Amendment it is mandatory to seek provincial approval on the sale of provincial assets. He asked under what mechanism the federal government had decided on the sale of 50 percent shares in OGDCL of the KPK government.
Chief Justice Nasirul Mulk observed that a dispute between the federation and province in the current matter has raised questions of law of general public importance namely whether the provincial High Court has the jurisdiction to pass an order relating to the question of a dispute pending between the province of the country and the federal government.
The bench decided to seek assistance of the AGP and Advocate General of the KPK in the matter and adjourned the hearing of case till Oct 14 (today)
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