Law: Constitution of India

Section: 19,14

(a) Maxim ---Ubi jus ibi remedium---Scope---Islamic Injunctions and Teachings grant every aggrieved person the freedom to lodge protest---Every aggrieved person has a right of representation---Such person is free to lodge an appeal against an order affecting him adversely and it is his right that his appeal will be adjudicated upon without inordinate delay by an independent Tribunal---Aggrieved person can, under no circumstances be stopped from exercising his basic right. Ayat No.148 Sura 4 Al-Nisa of Holy Quran and Ayat No.1 Sura 58 Al-Mujadilah (The Pleading one) of Holy Quran rel. (b) Administration of justice--- ---Maxim: Ubi jus ibi remedium---Scope---Aggrieved person has unfettered right to lodge a protest or prefer an appeal before a higher authority with the object of seeking redressal of grievance---Authority hearing the appeal is under obligation to decide the same---Arbiter is required to give due weight to violation of human rights and human dignity---Authority may, where necessary, impose a penalty upon the violator of human rights---Even a law can be amended/repealed on account of a protest---Right of an individual to initiate proceedings cannot be circumscribed. Ayat No.148 Sura 4 Al-Nisa of Holy Quran; Ayat No.1 Sura 58 Al-Mujadilah (The Pleading one) of Holy Quran and Ayat No.4 of Sura Al Mujadilah rel. (c) Constitution of Pakistan--- ---Arts.19 , 14---Freedom of speech---Inviolability of dignity of man---Scope---Islam has conferred upon human beings the freedom of expression---Grievances have to be redressed---Any bar on this right is negation of the Divine principle of human dignity. Pakistan and others v. Public at Large and others PLD 1987 SC 304; Pakistan through Secretary Ministry of Defence v. The General Public PLD 1989 SC 6; In re: The Civil Servants Act, (LXXI of 1973) PLD 1984 Federal SC 34; Messrs Sadiq Brothers v. Appellate Additional Commissioner, Income Tax/Wealth Tax, Rawalpindi and another 2004 PTD 122 and Dr. Muhammad Aslam Khaki and others v. Government of Punjab and others PLD 2005 Federal Shariat Court 3 ref. Nahajul Balega as Khutba No.86 and Ayat No.257 of Sura 2 Al Baqra rel. (d) Public functionaries--- ---Held, it has…

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