2817/2009 Const. P. Ikram-ul-Majeed Sehgal (Petitioner) V/S Pakistan & another (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Mr. Justice Mushir Alam
Order Date: 13-NOV-12
(a) Private Security Agencies Rules, 2001--- ----R. 6(1)(iii)---General Clauses Act (X of 1897), S.24-A---Constitution of Pakistan, Art.199---Constitutional petition---Petitioner's request for his induction as new Director/Chief Executive of "WH" (Security Services Company) for being its shareholder---Petitioner's such request forwarded by Securities and Exchange Commission of Pakistan was rejected by Ministry of Interior on basis of reports of ISI and IB without disclosing reasons therefor---Validity---Rule 6(1)(iii) of Private Security Agencies Rules, 2001 prohibited licensee to employ any person in absence of his clearance by Government agencies including Special Branch ISI/IB---Petitioner had not sought his induction in "WH" as an employee, thus, R.6(1)(iii) of Private Security Agencies Rules, 2001 would not apply to his case---Government could not refuse such request on flimsy grounds and personal desires---Ministry had not produced any material on record to justify its refusal to clear petitioner---Ministry had not applied any such reports to petitioner, who was still working as Chief Executive of another security services company (SMS)---Last renewal of license of SMS in December, 2011 and refusal of petitioner's such request in September, 2011 would prove mala fides on part of Ministry---Mere treatment of proceedings as confidential would not dispense with requirement of S.24-A of General Clauses Act, 1897---Impugned reports lacking reasons were hit by S.24-A of General Clauses Act, 1897 providing for a speaking, well-reasoned and detailed order---High Court struck down reservations of Ministry expressed against petitioner and directed the Securities and Exchange Commission to process matter of change of management of "WH" in accordance with law. (b) Private Security Agencies Rules, 2001--- ----R. 6(1)(iii)---General Clauses Act (X of 1897), S.24-A---Employing a person after getting his clearance by licensee from Government agencies---Scope---Such clearance should be based on sound, logical and reasonable grounds---Mere treatment of proceedings as confidential would not dispense with requirements of S.24-A of General Clauses Act, 1897. (c) General Clauses Act (X of 1897)--- ----S. 24-A---Non-disclosure of reasons for passing an order---Consequences stated.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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