| Citation(s) |
|---|
| 2020 SLG 705 2020 SLD 705 2020 SCMR 622 |
Supreme Court of Pakistan
Constitution Petition No. 9/2010, C.M.A. No. 6206/2013, C.M.A. No. 1552-K/2018 in Constitution Petition No. 9, C.M.A. No. 1600-K/ 2018 in Constitutional Petition No. 9..........and C.M.A. No. 23-K/2019 in Constitutional Petition No. 9, decision & hearing
FAISAL ARAB, JUSTICE SAJJAD ALI SHAH, JUSTICE
PETITIONER(S): NAIMATULLAH KHAN ADVOCATE AND OTHERS Salam Talibuddin, A.G. Sindh, Syed Mumtaz Ali, Chief Secretary, Sindh, Habib ur Rehman Gillani, Secretary Railway, Kashif Sarwar Paracha, DAG, Zulfiqar Gul Memon, Assistant Chief, Transport Communicatio
Constitution Petition No. 9/2010, C.M.A. No. 6206/2013, C.M.A. No. 1552-K/2018 in Constitution Petition No. 9, C.M.A. No. 1600-K/ 2018 in Constitutional Petition No. 9..........and C.M.A. No. 23-K/2019 in Constitutional Petition No. 9, decision & hearing
FAISAL ARAB, JUSTICE SAJJAD ALI SHAH, JUSTICE
PETITIONER(S): NAIMATULLAH KHAN ADVOCATE AND OTHERS Salam Talibuddin, A.G. Sindh, Syed Mumtaz Ali, Chief Secretary, Sindh, Habib ur Rehman Gillani, Secretary Railway, Kashif Sarwar Paracha, DAG, Zulfiqar Gul Memon, Assistant Chief, Transport Communicatio
NAIMATULLAH KHAN ADVOCATE AND OTHERS
VS
FEDERATION OF PAKISTAN AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 9,14,15,18,25,37,38,184(3)
Law: Railways Act, 1890
Section: 7
(a) Constitution of Pakistan--- ----Arts. 9 & 184(3)---Matter regarding non-functioning of Karachi Circular Railway (KCR)---Supreme Court after highlighting public transportation issues in Karachi city and discussing the reasons for delay in operation of KCR directed that Pakistan Railways with the aid and assistance of all agencies in the country had to revive and operate Karachi Circular Railway (KCR) and it shall do so positively within a period of six months, otherwise, the Court may take action against all relevant Government Executives and officials of Pakistan Railways for contempt of court and for not complying with mandatory provisions of the Constitution--- Matter was adjourned with further directions. (b) Constitution of Pakistan--- ----Art. 9---Right to life---Scope---Right to life was not restricted only to the prosecution of a person but the State was required to ensure that all aspects of citizens' life were protected and dealt with by the State---Right to life included the provision of drinking water; provision of electricity; provision of education; provision of health facility; provision of civic and civil infrastructure, and provision of transportation for citizens etc. (c) Constitution of Pakistan--- ----Arts. 9, 14, 15, 18, 25, 37 & 38---Right to public transportation---Scope and significance---State was required to provide citizens with safe, humane and dignified means of travelling from one destination to another, within and outside cities---Providing such right was essential to ensuring equality of citizens and also as a social justice to eradicate social evils and to promote social and economic well-being of the people---Without transportation neither could a citizen get education; nor engage in his trade, business or profession; nor reach health care institutions; nor obtain necessities of life like food, clothing etc. (d) Railway Regulatory Authority Ordinance (XCII of 2002)--- ----S. 9---Railways Act (IX of 1890), S. 7---Railway Board Ordinance (XLVIII of 1959), Preamble---Constitution of Pakistan, Art. 184(3)---Matter regarding encroachments and housing societies built on land belonging to Pakistan Railways---No provision…
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