Law: Constitution of Pakistan, 1973

Section: 4,9,10A

(a) Constitution of Pakistan-- ----Art. 9---Safety and enforcement of fundamental rights---Duty of State---Scope---It is the absolute and exclusive responsibility of State through its organs (parts) to ensure safety and enforcement of fundamental rights. (b) Sindh Children Act ( XII of 1955)--- ----Ss. 23 & 62---Constitution of Pakistan, Arts. 4 & 10-A---Jirga, decisions of---Validity---Protecting reputation of accused or victim children---High Court took notice of a news item highlighting a person who intended to sell his daughters in order to enforce decision passed by Jirga against him for payment of huge amount and in case of failure for marriage of his daughters---News was flashed that one person was moving in the town with demand and slogan that he was poor and not in a position to lays amount imposed by Jirga, so he was setting his daughters---Validity---Custom or usage of 'Jirga' was in derogation to fundamental rights, in particularly that of Art.20-A of the Constitution, and the same was void---Jirga could not dress itself up with status of a 'Law Authority' which was al ways vested with jurisdiction to enforce its verdict, as holding of Jirga was illegal---Protection was provided towards 'reputation' as was prima facie appearing from the provisions of Art.4 of the Constitution, therefore, publication of names and identity of victims of such act would cause damage to reputation of such family---Pakistan Electronic Media Regulatory Authority was supposed to ensure that no names, videos, photos of child victim or accused or females would be circulated in print media---High Court directed Deputy Commissioner to show necessary action as and when he would notice or acquire knowledge of any such thing, particularly where dignity of a person was attached or involved---High Court also directed Pakistan Electronic Media Regulatory Authority and all information related concerned to ensure that no name and photos of victims or child accused were published as per requirement provided by Sindh Children Act, 1955---Petition was disposed of accordingly. Rohaifa v. Federation of Pakistan PLD 2014 SC 174; Watan Party v. Federation of Pakistan PLD 2011 SC 997;…

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