LAHORE: The Lahore High Court on Thursday expressed concern over the procurement rules technically barring Chinese firms from participating in tenders floating for contracts by different departments of the Punjab government.

Tianjin Kangxinze Supply China Management Company filed a petition through its local representative seeking a court’s direction to the respondents to allow the petitioner being a Chinese company to participate in the bidding process.

Advocate Azhar Siddique argued on behalf of the petitioner that various tenders being floated by the procurement authorities were heavily flawed as the same excluded China from the “country of manufacturers”.

He stated that due to restrictions imposed by various procurement authorities across the country, the petitioner/company was facing hardships in the business.

He said the procedure adopted by the respondents was in violation of the principle of providing a level playing field to any and all bidders as well as the same was in clear negation of Articles 9, 18 and 25 of the Constitution.

The counsel further stated that the action of the respondents was against several World Trade Organisation (WTO) agreements, including Morocco Pakistan Round Negotiation Agreements, Agreement of Trade-Related Investment Measures (TRIMs), the General Agreement on Tariffs and Trade (GATT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Advocate Siddique argued that the preamble of the Constitution clearly mentions that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the world and make their full contribution towards international peace and progress and happiness of humanity.

He submitted that on a similar set of facts and circumstances, the LHC in 2022 issued a notice on a petition.

Justice Jawad Hassan questioned under which law Chinese companies were being barred from securing contracts.

“Pak-China friendship is stronger than the Himalayas, how can it be overlooked?” the judge further questioned.

The judge observed if a company meets legal requirements and merit, how can it be denied the opportunity to work?

The judge issued notices to the federal and Punjab governments’ authorities for submission of replies before the next date of hearing.

Justice Hassan observed that the case is of public importance, therefore, issued separate notices to the attorney general for Pakistan and advocate general of Punjab to respond to legal questions raised in the petition.

The judge also sought assistance from Dr Sikandar Ahmad Shah, associate professor/director of the Centre for Chinese Legal Studies, LUMS, and Salahuddin Hanif, vice president of the Pak-China Joint Chamber of Commerce and Industry, by submitting their written brief on the point of strong relationship between two friendly states -- Pakistan and China.

Published in Dawn, December 6th, 2024