Law: Constitution of Pakistan, 1973

Section: 15

Law: National Highway Authority Act, 1991

Section: 4

(a) Constitution of Pakistan--- ----Art. 15---National Highway Authority Act (XI of 1991), S. 4---Freedom of movement---Right to travel---Scope---National Highway Authority ('NHA')---Purpose and functions---Providing an appropriate safe passage to travel throughout the country was a responsibility shouldered upon the state and the NHA, which was established for the very purpose of planning, development, operation and maintenance of the National Highways and strategic roads to provide safe, time efficient and better road facilities of international standards to travelers/ commuters /passengers so that they could exercise their right of movement in a more better way---Different phases of motorways were also constructed by the NHA to undertake such very purpose at the level of utmost excellence because the NHA was custodian of the highway assets of Pakistan's road network and committed to provide a safe, modern and efficient transportation system. (b) Constitution of Pakistan--- ----Art. 15---Freedom of movement---Right to travel---Scope---Unreasonably protracted obstruction of a road or its prolonged non-functionality due to sluggish construction work---Effect---Infringement of fundamental right to movement. Freedom of movement envisaged access of every citizen to all the roads constructed for public to travel including motorways subject to condition of toll tax or other taxes imposed by government under the law. Any unreasonably protracted obstruction of the road or its prolonged non-functionality on the pretext of a construction work which was taken out in a sluggish manner tantamount to restriction and infringement of fundamental right to movement of commuters/ passengers/travellers provided and protected under Article 15 of the Constitution. (c) Constitution of Pakistan--- ----Art. 20---Freedom to profess religion---Right to prayer facilities on motorways---Scope---Service areas of Motorway (M-3) [Lahore-Abdul Hakeem Motorway]---Lack of mosquesat service areas---Right to practice religion implied that a Muslim citizen had a fundamental right to offer his prayer at the time of prayers while he was travelling on Motorway M-3 and it was the duty of State to…

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