Case Details

Citation(s)
2002 SLG 2349 2002 SLD 2349 2002 PLD 36
Lahore High Court
Criminal Miscellaneous No. 2405-B of 2001, decided on 29th October, 2001
ASIF SAEED KHAN KHOSA, J
Altaf Hussain Bhutta for Petitioner. Muhammad Qasim Khan, Asstt. A.G. with Javed Iqbal for the State

MUHAMMAD ISHFAQ alias PAPPU

VS

THE STATE

Law:

Section:

(a) Constitution of Pakistan (1973)------Arts. 4 & 9---Surrender of Illicit Arms Act (XXI of 1991), Ss. 4, 5 & 7---Surrender of illicit, arms---Right of individuals to be dealt with in accordance with law---Security of person---'Inalienable right' of the citizens to be dealt with in accordance with law enshrined in Art. 4 and the Fundamental. Right embodied in Art. 9 of the Constitution guaranteeing that no person shall be deprived of, his liberty save in accordance with law which presupposes that while dealing with a citizen the State shall invoke the correct law and a citizen's liberty shall not be snatched away or curtailed by the State by using or utilising' a law against him which in fact has no application against such a citizen---High Court's Constitutional obligation is to preserve, protect and defend the Constitutional and legal rights of the citizens and as far as possible or practicable High Court would not be failing in that commitment and duty---Possession of illicit weapons by citizens may be hazardous to good health and security of a society and their use a menace but at the same time an illicit utilization of a law like Surrender of Illicit Arms Act, 1991 for curbing such a peril may be no less harmful to the legal regime of the same society as well as to the Constitutional rights of its citizens. Possession of illicit weapons by citizens may be hazardous to good health and security of a society and their use a menace but at the same time an illicit utilization of a law for curbing such a peril may be no less harmful to the legal regime of the same society as well as to the Constitutional rights of its citizens. The 'inalienable right' of the citizens to be dealt with in accordance with law enshrined in Article 4. of the Constitution and the Fundamental Right embodied in Article 9 of the Constitution guaranteeing that no person shall be deprived of his liberty save in accordance with law presupposes that while dealing with a citizen the State shall invoke the correct law and a citizen's liberty shall not be snatched away or curtailed by the State by using or utilizing a law against him which in fact haste application against such a…
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