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ATIQUE HUSSAIN versus FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF COMMUNICATION


Sections 22, 23, 24, 25, 6, 7, 8 and 9 of the Pakistan Telecommunications (Reorganization) Act (XVII of 1996), Sections 36 and 34 of the Civil Servants Act (LXXI of 1973), Section 36 of the Constitution of Pakistan (1973) ), Arts 173 (1), 142 (2) and 199 Constitutional petition The applicant's stand on the touchstone of the Constitution against the privatization of the Pakistan Telecommunication Company by the Government of Pakistan is that Article 142 (a) of the Constitution provides that That the legislative council (National Assembly) will legislate in relation to any matter provided in the list of federal legislatures. The first entry in Part I of the list was related to Post and Telegraph, so the privatization of the company without any legislation by the National Assembly was quite inadequate and illegal, and that the working conditions of the new owners since then. Will be severely affected. Were obliged to make changes according to their interests. The federal government, authorized under Article 173 (1) of the Constitution, has the right to sell, mortgage, or dispose of state property, subject to only good settled principles. Executive authority should be used in accordance with the law and should be transparent, fair and non-discriminatory The use of executive authority under Article 173 (1) of the Constitution did not require any special legislation. Sections 22, 23, 24 and 25 of the Ordinance, 2000 were enacted specifically for the privatization of the state property and the way the Government of Pakistan, primarily, wasted the company's shares. Had the power and authority to provide for the provisions of section 142 (a) of the Constitution in the list of Federal Legislatures, Part I Special Law Enforcement

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