Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Shariah Nizam-e-Adl Regulation (1 of 2009), Preamble---Constitutional jurisdiction of High Court---Scope---Challenge to vires of law---'Aggrieved person'---Person who was not personally aggrieved could file a constitutional petition before the High Court to assail a law enacted in contravention of Fundamental Rights. Petitioners, in the present case, had challenged the vires of certain paragraphs of the Shariah Nizam-e-Adl Regulation, 2009 contending that Executive Magistrates had been entrusted with judicial functions. Petitioners had knocked the door of a Constitutional Court (High Court) to assist their fellow citizens in leading their lives in the glow of Constitution and to enjoy the rights provided therein. If a person, having no personal interest came forward in the larger interest and questioned lacunae (in a law), the doors of the Court should not be shut for him, but rather kept open for him. Objection taken to the maintainability of present Constitutional petition on the ground that petitioners were not "aggrieved persons" and therefore could not approach the High Court under Article 199 of the Constitution was not tenable. Moreover three of petitioners were advocates and one was affectee (of a criminal complaint) and they had the right to challenge the vires of the law as custodians of law as well as the affectees. Ardeshir Cowasjee v. Karachi Building Control Authority 1999 SCMR 2883 and Human Rights Commission of Pakistan v. Government of Pakistan PLD 2009 SC 507 rel. Balochistan Bar Association v Government of Balochistan PLD 1991 Queeta 7 ref. (b) Constitution of Pakistan --- ----Part. II, Ch. 1 [Arts. 8 to 28]---Fundamental Rights, protection of---Scope---Under the Constitution, the Fundamental Rights were entrenched for every citizen and they were guaranteed against the excesses of all branches of Government including the legislature, be it the Federal Government or the Provincial Government. (c) Constitution of Pakistan --- ----Art. 4---'Access to justice'---Meaning---Term "access to justice to all" mentioned in Art.4 of the Constitution included the doctrine of due process of law---Tribunal or…