| Citation(s) |
|---|
| 2019 SLG 1074 2019 SLD 1074 2019 PLJ 190 |
Supreme Court of Pakistan
Suo Moto Case No. 7 of 2017, decision Dated: 06.02.2019.Hearing Dated: 21, 23, 30.11.2017, 3.1.2018, 16.2.2018,19.3.2018, 15.4.2018, 11.10.2018, 16 and 22.11.2018.
MUSHIR ALAM, JUSTICE QAZI FAEZ ISA, JUSTICE
Attorney Generals for Pakistan, Mr. Ashtar Ausaf Ali and Mr. Anwar Mansoor Khan, Deputy Attorney General, Mr. Sohail Mehmood.Advocate General, Islamabad, Mr. Abdul Rauf, Additional Advocate Generals, Punjab, Mr. Razzaq A. Mirza and Barrister Qasim Chauh
Suo Moto Case No. 7 of 2017, decision Dated: 06.02.2019.Hearing Dated: 21, 23, 30.11.2017, 3.1.2018, 16.2.2018,19.3.2018, 15.4.2018, 11.10.2018, 16 and 22.11.2018.
MUSHIR ALAM, JUSTICE QAZI FAEZ ISA, JUSTICE
Attorney Generals for Pakistan, Mr. Ashtar Ausaf Ali and Mr. Anwar Mansoor Khan, Deputy Attorney General, Mr. Sohail Mehmood.Advocate General, Islamabad, Mr. Abdul Rauf, Additional Advocate Generals, Punjab, Mr. Razzaq A. Mirza and Barrister Qasim Chauh
SUO MOTO ACTION REGARDING ISLAMABADRAWALPINDI SIT-IN/DHARNA
Law: Constitution of Pakistan, 1973
Section: 9,10A,14(1),15,18,25A,184(3)
Law: Elections Act, 2017
Section: 212,211
Law: Elections Rules, 2017
Section: R.161(2)
Law: Prevention of Electronic Crimes Act, 2016
Section: 11,12
Constitution of Pakistan, 1973-- ----Art. 184(3)--Jurisdiction--Jurisdiction under Article 184(3) may be invoked by Supreme Court if two preconditions are met--Firstly, matter must be one of public importance and, secondly, it must pertain to enforcement of any of Fundamental Rights. Prevention of Electronic Crimes Act, 2016 (XL of 2016)-- ----Ss. 11 & 12--The preparation and dissemination of hate speech and terrorism through electronic means is a serious offence under Section 11 and 12 of this Act respectively. Election Act, 2017 (XXXIII of 2017)-- ----S. 211--Election Rules, 2017, R. 161(2)--Nomination papers of candidates--Declaration by candidates in nomination Form--This declaration used to state, "I solemnly swear ," but words were substituted, in Elections Act, 2017 with, "I believe,"--Due to change in wording of declaration there were widespread protests--Government decided to undo change made to wording of declaration and revert law to its original position-- Parliament had resolved misgivings with regard to language of declaration however, Tehreek-e-Labaik Pakistan ("TLP"), a recently formed political party, continued to protest and its supporters occupied a road junction--TLP demanded resignation of government itself-- leaders of dharna intimidated, hurled threats, abused, provoked and promoted hatred--media provided unabated coverage to TLP--Protestors had converged on major roads and highways, they pelted stones, damaged and burnt vehicles and properties--Ambulances, doctors, paramedic staff and other organizations providing emergency services, including those of firefighters, Bomb Disposal and Rescue were prevented from rendering emergency assistance--Preventing sick from reaching doctors and hospitals infringes their right to life (guaranteed under Article 9 of Constitution), their right to freedom of movement (guaranteed by Article 15 of Constitution), When students cannot attend schools and educational institutions their right to education (guaranteed under Article 25-A of Constitution)--When litigants' access to Courts is blocked their right to fair trial and due process (guaranteed by Article 10-A of Constitution) requires…
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