Case Details

Citation(s)
2012 SLG 550 2012 SLD 550 2012 CLC 958
Sindh High Court
Constitution Petition No.D-1488 of 2010 and C.M.As. Nos.5906of 2010 and 18468 of 2011, decision dated: 24-01-2012
MUSHIR ALAM, C.J. AND SYED HASAN AZHAR RIZVI, J
Salman Talib-ud-Din for Petitioner. Sibtain Mahmud and Ali Akber Sahto for
Respondent

INFORMATION SYSTEMS ASSOCIATES LIMITED through (CEO)vsFEDERATION OF PAKISTAN through Secretary Information Technology and Telecommunication Division Ministry of Information Technology and another

Law: Constitution of Pakistan, 1973

Section: 199(2),4,18,25,184(4),8

Law: Constitution of Pakistan, 1973

Section: 199(2),4,18,25,184(4),8

Law: Pakistan Telecommunication (Reorganization) Act, 1996

Section: 21(7)(5),22(3),8,13,5(2)

(a) Constitution of Pakistan-------Art. 18---Right of citizen to choose and conduct any lawful trade, business, occupation or profession---Object and scope of such right stated. Article 18 of the Constitution consists of two parts. The first, which confers upon a citizen a right to choose his profession and business, etc. and is objected towards enabling the citizen to explore and adopt the best for his future and the means of his living and earning; and the best for his expression and recognition of his skill and the ability. However, this right is not absolute and unqualified; rather this Article itself permits the State through proper legal means to impose certain qualification for the exercise of the right without possessing which it cannot be so exercised. Such qualification may also be prescribed for a person who intends to conduct a particular business or trade, which may involve some special skill and the expertise. The second part of this Article permits only such profession or business etc., which is "lawful". Meaning thereby that any unlawful profession etc., shall not be protected under this Article. The expression "lawful" appearing in this Article has been used in contradistinction to the word "unlawful". (b) Constitution of Pakistan--- ----Arts. 4, 8, 18, 184(4) & 199(2)---Fundamental rights guaranteed by the Constitution---Nature and importance of such rights and duty of superior courts in case of breach thereof by State stated. The fundamental rights are primordial in nature, which are imperative and essential for the very existence, development, progress, prosperity of the citizens of the State, and are necessary for the growthand expression of their personalities. These are the basic in character, because they enable a citizen to chalk out his own life in the manner he likes the best; these are the rights which a citizen possesses as a creature of the nature, and are natural in form. However, for the precise identification, extent, guarantee and the enjoyment of such rights in an orderly democratic society, such as ours; the whole nation entered into a contract and by a unanimous resolution endorsed the right in the Constitution on…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492