| Citation(s) |
|---|
| 2012 SLG 1627 2012 SLD 1627 2012 SCMR 1958 |
Supreme Court of Pakistan
Constitution Petition No.77 of 2010, H.R.Cs. Nos. 13124-P,40403-P, 40220-G, 43103-B of 2011,.....decided on 12-10-2012
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND KHILJI ARIF HUSSAIN, JJ
Constitution Petition No.77 of 2010, H.R.Cs. Nos. 13124-P,40403-P, 40220-G, 43103-B of 2011,.....decided on 12-10-2012
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND KHILJI ARIF HUSSAIN, JJ
PRESIDENT BALOCHISTAN HIGH COURT BAR ASSOCIATIONvsFEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan-------Arts. 9, 10A, 14, 15, 17, 18, 24(1), 25, & 184(3)---Constitutional petition under Art.184(3) of the Constitution concerning law and order situation in Balochistan Province---Maintainability---Issue of missing persons, target and sectarian killing of citizens, abductions for ransom, finding of mutilated bodies, kidnapping of citizens by personnel of Frontier Corps (FC) and forced disappearance of members of the Bars---Supreme Court, in exercise of jurisdiction under Art.184(3) of the Constitution, had jurisdiction to enforce fundamental rights conferred by Chapter-I of Part-II of the Constitution---In the present case, question of public importance involving enforcement of Fundamental Rights enshrined under the Constitution viz. Art.4 read with Fundamental Rights under Arts.9, 10A, 14, 15, 17, 18, 24 & 25 of the Constitution, had been violated---Constitutional petition was maintainable accordingly. (b) Constitution of Pakistan--- ----Arts. 9, 10A, 14, 15, 17, 18, 24(1), 25, 148(3) & 184(3)---Surrender of Illicit Arms Act (XXI of 1991), Preamble---Constitutional petition under Art.184(3) of the Constitution concerning law and order situation in Balochistan Province---Issue of missing persons, target and sectarian killing of citizens, abductions for ransom, finding of mutilated bodies, kidnapping of citizens by personnel of Frontier Corps (FC) and forced disappearance of members of the Bars---Enforcement of fundamental rights of citizens of the Province---Duty of Federal and Provincial Governments---Scope---Supreme Court made observations with regard to the law and order situation in the Province of Balochistan. Following are the observations made by the Supreme Court with regard to the law and order situation in the Province of Balochistan: Prima facie law enforcing agencies working in the Province seemed to be helpless and the Federal Government was oblivious of the grave situation, prevailing in the Province. Federal Government failed to discharge its duty in terms of Article 148(3) of the Constitution, as it should have played its role with the cooperation and coordination of the Provincial Government to control and maintain…
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