Law: Constitution of Pakistan, 1973

Section: 4,10-A,199

(a) Constitution of Pakistan--- ----Arts.4, 10-A, 199---Constitutional petition---Intelligence reports---Due process of law, principle of---Applicability---Petitioner was aggrieved of non-issuance of appointment letter on the basis of intelligence reports---Validity---Without disclosure of adverse materials and affording opportunity of defense, petitioner was deprived of his appointment order, which act of respondents was not only unfair but also against principles of natural justice and spirit of Arts. 4, 10-A of the Constitution---Principle audi alteram partem was always considered to be embedded in statue, even if there was no implied or express provision--- No adverse action could be taken against anyone without providing an opportunity of defense to rebut the material---High Court directed competent authority to call for character and antecedent reports of petitioner afresh from concerned agencies, as it was brought on record that petitioner was involved in immoral activities and did not enjoy good reputation---High Court further directed that in case intelligence reports regarding character and antecedents of petitioner were adverse, then petitioner would be confronted with the material sought to be used against him, who was entitled to an opportunity of defense to rebut the material, to satisfy requirements of principles of natural justice and to obey command of Art. 4 of the Constitution---High Court also directed that in case character and antecedent reports of petitioner were found satisfactory the competent authority, would issue appointment order to the petitioner---Constitutional petition was disposed of accordingly. Constitution Petition No.D-6604 of 2020 rel. Sameen Asghar v. Federation of Pakistan through Principal Secretary to the Prime Minister and 12 others 2010 PLC (C.S) 725; Ahmed Saeed Siddiqui and others v. Pakistan through Secretary Establishment and others 2015 PLC (C.S) 923; Muhammad Zafeer Abbasi Deputy Secretary, Ministry of Kashmir Affairs and Northern Areas and Safron, Government of Pakistan, Islamabad v. Government of Pakistan through its Secretary, Establishment Division Islamabad and 4 others 2003 PLC (C.S.) 503; Tanvir Ashraf…

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