𝐀 𝐏𝐫𝐨𝐯𝐢𝐧𝐜𝐢𝐚𝐥 𝐆𝐨𝐯𝐞𝐫𝐧𝐦𝐞𝐧𝐭 𝐌𝐞𝐚𝐧𝐬 𝐂𝐌 𝐚𝐧𝐝 𝐡i𝐬/𝐡𝐞𝐫 𝐂𝐚𝐛𝐢𝐧𝐞𝐭 𝐂𝐨𝐥𝐥𝐞𝐜𝐭𝐢𝐯𝐞𝐥𝐲: 𝐒𝐂
The Supreme Court while hearing a petition for leave to appeal from a Baluchistan High Court judgment and placing reliance on the famous Mustafa Impex Case (PLD 2016 SC 808) held that wherever the word ‘Government’ appears, it means the Chief Minister and his/her cabinet collectively, if it refers to a provincial government. Any notification which requires authentication or approval from a provincial government it must be approved by the Chief Minister and his/her cabinet collectively, not the Chief Minister alone.
𝐄𝐱-𝐩𝐨𝐬𝐭 𝐅𝐚𝐜𝐭𝐨 𝐀𝐩𝐩𝐫𝐨𝐯𝐚𝐥:
The Court further held that a government cannot give ex-post facto effect or approval to a notification which has been previously issued by an unauthorised authority. In the case in hand, the Secretary Mines and Minerals Department, Government of Baluchistan by virtue of a notification No. SOT(MMD)4-1/2017/748-68 dated 06.09.2017, revised the application fee for excavation of minerals. The relevant rules says that the said notification ought to have been issued by the Government of Baluchistan, but it was issued by the Secretary. The same was authenticated by the CM and the cabinet at a later stage and was given ex-post facto approval. The SC upholding the BHC decision ruled that such an ex-post facto approval is not allowed and the said notification would have prospective effect, not retrospective effect, if issued by the government. The impugned judgment was declared well-reasoned and the petition was dismissed.
c.p._167_q_2023
