Law: Constitution of Pakistan, 1973

Section: 18,199

Constitution of Pakistan--- ----Art. 18---Freedom of trade, business or profession---Scope and qualifications---Public protest---Detention of containers loaded with commercial goods by Federal Government for maintaining public order during the protest---Compensation for loss suffered---State could only control and regulate trade for the purpose and object of ensuring safety, peace, health and good morals of public---Furthermore there was no regulation nor any restriction was imposed by law that citizens who were engaged in lawful business could be obstructed to carry on their business or empowered the authorities to detain their containers in which commercial goods were being transported for the purposes of maintaining public order---Use of public roads by citizens engaged in trade was a guaranteed constitutional right which could not be interfered with or obstructed otherwise than as provided under the law---Detention of containers loaded with commercial goods without the consent of the owners for the purposes of maintaining public order was in violation of the Fundamental Right guaranteed under Art.18 of the Constitution---Any such interference or obstruction besides being in violation of the constitutionally guaranteed right exposed the public authorities to claims of damages---When such containers were detained or obstructed illegally, then it was the duty of the State to compensate the affectees---High Court directed that the Federal Government had to ensure that the lawful transportation of containers loaded with commercial goods owned by the traders was not interfered with or obstructed for extraneous reasons; that in case the transportation of goods in containers by the petitioner-company or any other trader had been obstructed or interfered with, they would be at liberty to approach the competent authorities for seeking compensation, and that the Federal Government, to the extent of public roads under its control, was to nominate an authorized officer to receive complaints from traders who may have been affected on account of their Fundamental Right guaranteed under Art.18 of the Constitution having been violated---Constitutional petition was disposed…

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