| Citation(s) |
|---|
| 2013 SLG 2979 2013 SLD 2979 2013 PLD 13 |
Balochistan High Court
Constitutional Petition No. 257 of 2012, decided on 19th December, 2012. heard on: 18th September, 2012.
QAZI FAEZ ISA, CHIEF, JUSTICE AND NAEEM AKHTAR AFGHAN, JUSTICE
Zafar Khan Mandokhail for Petitioner.
Constitutional Petition No. 257 of 2012, decided on 19th December, 2012. heard on: 18th September, 2012.
QAZI FAEZ ISA, CHIEF, JUSTICE AND NAEEM AKHTAR AFGHAN, JUSTICE
Zafar Khan Mandokhail for Petitioner.
ASMATULLAH KHAN
VS
GOVERNMENT OF BALOCHISTAN THROUGH CHIEF SECRETARY AND another
Law:
Section:
Constitution of Pakistan---.--- ---.----Arts. 25, 8, 4, 33 & 199---.---System of Sardari (Abolition) Act (XL of 1976), Preamble---.---Constitutional petition---.---"Sardar/Sardari" system---.---Petitioner sought direction to the effect that he be declared head of Miankhail tribe and be made a member of the Local Committee in his area---.---Petitioner wanted representation of the tribe on the Local Committee and based on his contention of being its "sardar" claimed such right and/or privilege for himself---.---Validity---.---Constitution neither recognized nor acknowledged that any person was higher in status than another and Art.25 of the Constitution mandated equality of all citizens, which negated anyone from claiming superiority, including superiority on account of being a nawab, sardar, malik, or any other title---.---System of "sardari" was abolished by the Parliament by System of Sardari (Abolition) Act 1976 and Art.33 of the Constitution read that the State shall discourage parochial, racial, tribal, sectarian and provincial prejudices among citizens---.---Article 8 of the Constitution stipulated that any "custom or usage", if inconsistent with any Fundamental Right under the Constitution shall be void and therefore, "sardars" or the "sardari" system would be void if treated on the touchstone of Art. 25 of the Constitution---.---Petitioner, in the present case, was not being denied protection of the law nor he had been able to show that he was not being treated in accordance with law, therefore Art.4 of the Constitution did not support the petitioner---.---Petitioner was not an "aggrieved person" within meaning of Art. 199 of the Constitution---.---Constitutional petition was dismissed. Saleem & Co. v. Deputy Collector of Customs PLD 2001 Lah. 5; Muhammad Asmatullah v. D.C. Sargodha 1998 MLD 1977; Government of Balochistan v. Azizullah Memon PLD 1993 SC 34; Saleem Raza v. State PLD 2007 Kar. 139 and Shaukat Ali v. Secretary, Industries and Mineral Development 1995 MLD 123 ref. Benazir Bhutto v. Federation of Pakistan PLD 1988 SC 416; Shela Zia v. WAPDA PLD 1994 SC 693 and Ardeshir Cowasjee v. Karachi Building Control Authority 1999 SCMR 2883 rel.…
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