
The Lahore High Court (LHC) has dismissed a petition filed by Advocate Sardar Amber Maqsood challenging the Pakistan International Airlines Corporation Limited (PIACL) privatization process. The petitioner alleged that the Privatisation Commission failed to issue proper notices of intent under Section 23 and did not conduct a lawful valuation of PIACL’s assets under Section 24 of the relevant Ordinance.
Justice Jawad Hassan, authoring the detailed judgment, noted that the Privatisation Commission had publicly advertised its intent to privatise PIACL in prominent international and national newspapers, including the Financial Times, China Daily, The Wall Street Journal, Dawn, and Daily Jang. Additionally, Ernst & Young Consulting LLC, Dubai, was appointed as the independent financial advisor to conduct asset valuation in accordance with the law.
The court found no credible evidence substantiating allegations of illegality and held that the privatization process met the statutory requirements. It emphasized that judicial review should not obstruct economic policy decisions absent clear legal violations or fundamental rights infringements. Citing Supreme Court precedents, the court underscored the principle of judicial restraint in matters related to privatisation and foreign investment.
Justice Hassan warned against frivolous petitions that could derail critical economic reforms and undermine investor confidence. The judgement further clarified that the bidding process for PIACL had already been cancelled, rendering the petition moot. Even had the process continued, the court affirmed its legal soundness and transparency.
The court declined the petitioner’s request to summon evaluation records, citing confidentiality provisions under the Privatisation Commission Regulations, 2003. The 37-page judgment reiterated that privatisation falls within the federal government’s constitutional mandate under Article 173, aimed at easing the fiscal burden of loss-making state enterprises.
The court concluded by cautioning litigants against misusing public interest litigation to obstruct economic policymaking, underscoring the importance of facilitating Pakistan’s economic reforms through transparent and lawful processes.
This ruling comes as Pakistan prepares for an anticipated November 2025 privatization of PIA, where four qualified bidders are expected to participate under government oversight to restructure the national carrier and attract investment to stabilize its operations.