Case Details

Citation(s)
2023 SLG 561 2023 SLD 561 2023 SCMR 518
Supreme Court of Pakistan
Civil Petition No. 2045 of 2019, decided on 18th November, 2022. (Against the judgment of Lahore High Court, Lahore Dated 08.03.2019, passed in W.P. No. 20429 of 2016). Date of hearing: 18th November, 2022.
SYED MANSOOR ALI SHAH, MUHAMMAD ALI MAZHAR AND SHAHID WAHEED, JJ
Petitioner in person. Nemo for
Respondents.

MUBARIK ALI BABAR---Petitioner

VERSUS

PUNJAB PUBLIC SERVICE COMMISSION through its Secretary and others-----Respondents

Law: Constitution of Pakistan, 1973

Section: 9,14,18,20,22,26,27,36,37(a),38(b),38(d)

(a) Constitution of Pakistan--- ----Arts. 9, 14, 18, 20, 22, 26, 27, 36, 37(a), 38(b), 38(d), Preamble---Constitutional protections for minorities and persons with disabilities (PWDs) stated. The Preamble of the Constitution provides that it is the will of the people of Pakistan to establish an Order. The term will of the people of Pakistan is an inclusive term signifying all citizens irrespective of religion, caste, creed, race, sex, place of birth or personal abilities. Therefore, such a will is incomplete without including the will of the minorities and persons with disabilities (PWDs). The word minorities signifies merely a statistical number, representing a class of people in the country who are Non-Muslims and in no manner does it imply that they are lesser citizens or in any manner less entitled to the fundamental rights under the Constitution. The minimum right to dignity of the minorities and PWDs is that they ought to be considered equally with the rest of the majority of Muslims and the majority of persons with fuller abilities. Under the Constitution there is no distinction and therefore, the fundamental rights are fully available to the minorities and PWDs in the country as they are available to all other citizens of Pakistan. The Constitution uplifts PWDs, gives them additional protection so that every effort (reasonable accommodation) is made to bring differently-abled persons at par with fully-abled persons. Similarly, it mandates that minorities are equal citizens of Pakistan and must be protected from all kinds and forms of discrimination. The Constitution, therefore, not only caters to minorities and PWDs as equal citizens of Pakistan, having equal rights and safeguards, it also provides extra protection to them. People with disabilities are segregated from community life and face discrimination due to pervasive attitudinal and systemic barriers that the law, policy and practice frameworks have failed to remove, such as inaccessible or unequal facilities of housing, transport and education, segregated settings, barriers in accessing justice and legal systems, and employment and health discrimination. The effects of such discrimination are…
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