| Citation(s) |
|---|
| 2015 SLG 2676 2015 SLD 2676 2015 CLC 1509 |
Lahore High Court
W.P.No. 26696 of 2014, heard on 6th May, 2015.
SYED MANSOOR ALI SHAH, J
W.P.No. 26696 of 2014, heard on 6th May, 2015.
SYED MANSOOR ALI SHAH, J
NADEEM ASGHAR NADEEM and othersvsPROVINCE OF THE PUNJAB and others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 10A---Right to fair trial---Civil rights---Obligations---Nature and ambit of right to fair trial under Art.10A of the Constitution---"Determination of civil rights and obligations of a person through fair trial and due process" was a fundamental right---Civil rights were the rights guaranteed by the Constitution and the legislation---"Obligations" may refer to anything that a person was bound to do or forbear from doing, whether such duty was imposed by law, contract, promise, social relations, courtesy, kindness or morality and anything that an individual was required to do because of a promise, vow, oath, contract, or law; and it referred to a legal or moral duty that an individual could be forced to perform or penalized for neglecting to perform---Right of one person was an obligation of the other, and vice versa and such mutually corresponding and symbolic relationship between civil rights and obligations, expanded the proportions and broadened the amplitude of Art.10A of the Constitution and placed it as one of the most robust, dynamic and an evergreen Fundamental Right that was not frozen in time or moored to serve only the age old vested rights---Article 10A of the Constitution was a Constitutional right, hence it was open and all embracing and was there to include all kinds of rights and obligations that emerged from the Constitution, legislation, law, contract, promise, social relations, courtesy, kindness or morality---Article 10A of the Constitution could not be put in shackles and in fact went beyond vested rights---Article 10A of the Constitution therefore, dealt with rights and duties, which if violated could result in loss of some personal benefit or advantage or curtail a privilege or liberty or franchise. Warid Telecom (Pvt.) Ltd. and 4 others v. Pakistan Telecommunication Authority through Chairman 2015 SCMR 338; Suo Motu action regarding allegation of business deal between Malik Riaz Hussain and Dr. Arsalan Iftikhar attempting to influence the judicial process PLD 2012 SC 664; Babar Hussain Shah and another v. Mujeed Ahmed Khan and another 2012 SCMR 1235; Suo Motu Case No.4 of 2010 PLD 2012 SC 553;…