| Citation(s) |
|---|
| 2011 SLG 1605 2011 SLD 1605 2011 PLC 206 |
Islamabad High Court
Criminal Original No.38/W of 2011 in Writ Petition No.170 of 2011, decision dated: 28-02-2011.
MUHAMMAD ANWAR KHAN KASI, J
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Criminal Original No.38/W of 2011 in Writ Petition No.170 of 2011, decision dated: 28-02-2011.
MUHAMMAD ANWAR KHAN KASI, J
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SAJJAD HUSSAIN and 48 others
VS
ARIF IBRAHIM SAJJAD HUSSAIN and 48 others vs ARIF IBRAHIM
Law:
Section:
Constitution of Pakistan-------Arts. 199, 204, 4, 14 & 25---Constitutional petition---Contempt of court---Petitioners, employees of Company owned by government through impugned order were restrained to file claim in the company and according to the explanation called from the employees by the company they were charged for approaching the court in that connection---Validity---Knocking at the doors of the court for justice, was the inherent and fundamental right of every citizen/employee; and it was up to the court to decide whether he/she was entitled for the relief claimed---Authorities of the company could not stop the employees to approach the court as it would be an attempt to deprive them of their legal and lawful rights---Employees could not be kept at the mercy of employer's whims and egos---Impugned explanation called from the employees had been issued without any lawful justification and if such type of letters would remain in the field, then no employee anywhere in the country would be able to approach the court---None could be restrained from raising voice against any unjustified decision or observation---None in the company could be stopped from filing of claim; as it would debar them from asking for any relief---Whimsical orders for the satisfaction of egos of the high-ups could not be allowed to remain in field, because every citizen was equal in the eyes of law under Art.25 of the Constitution; and every body was to be dealt with in accordance with law under Art.4 of the Constitution---Dignity of man was inviolable under Art.14 of the Constitution---No contempt of the court's order having been committed, impugned order and letter, calling explanation, were set aside as being illegal and in violation of constitutional guarantees. Abdur Rehman Siddiqui for Petitioner. Shabbir Ahmad Abbasi Standing Counsel. ORDER MUHAMMAD ANWAR KHAN KASI, J.--- This contempt petition has been filed against issuance of explanations dated 14-2-2011 and order dated 21-1-2011 whereby it was notified that no further representation regarding claim of adjustment of seniority will be entertained. 2. Bare perusal of explanations shows that only allegation against the…
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