| Citation(s) |
|---|
| 2012 SLG 2732 2012 SLD 2732 2012 PLD 57 |
Balochistan High Court
C.Ps. Nos. 649 and 202 of 2011, decided on 24th November, 2011. DATE of hearing: 26th September, 2011
QAZI FAEZ ISA, C.J. AND MUHAMMAD HASHIM KHAN KAKAR, J
Kamran Mullahkhail (in person). Amanullah Kanrani, Advocate-General for
Respondent. Farhat Nawaz Lodhi and Mehmood Raza for Petitioners (in C.P. No. 202 of 2011). Dr. Khalid Ranjha, Malik Sikandar Khan, Dy. Attorney General and Amanullah Kanrani, A.G. for
C.Ps. Nos. 649 and 202 of 2011, decided on 24th November, 2011. DATE of hearing: 26th September, 2011
QAZI FAEZ ISA, C.J. AND MUHAMMAD HASHIM KHAN KAKAR, J
Kamran Mullahkhail (in person). Amanullah Kanrani, Advocate-General for
Respondent. Farhat Nawaz Lodhi and Mehmood Raza for Petitioners (in C.P. No. 202 of 2011). Dr. Khalid Ranjha, Malik Sikandar Khan, Dy. Attorney General and Amanullah Kanrani, A.G. for
MUHAMMAD KAMRAN MULLAHKHAIL and others
VS
GOVERNMENT OF BALOCHISTAN through Chief Secretary and others
Law:
Section:
(a) Constitution of Pakistan--- ----Arts. 8 & 199---Constitutional petition---Laws inconsistent or in derogation of Fundamental Rights---Declaring such laws void---Principles---If any person files a petition alleging that a law contravenes any Fundamental Right conferred by the Constitution, High Court is obliged to examine the same in its constitutional jurisdiction---To contend otherwise would render Art.8 of the Constitution, bereft of meaning and leave citizens denuded of their Fundamental Rights guaranteed by the Constitution. (b) Constitution of Pakistan--- ----Arts. 8 & 199---Constitutional petition---Laws inconsistent or in derogation of Fundamental Rights---Principles---If any law, which may impact upon any inalienable human right, was preferably to be assailed sooner rather than later, if it deemed to have been enacted in contravention of the Constitution. (c) Code of Criminal Procedure (Balochistan Amendment) Act (XV of 2010)--- ----Preamble---Code of Criminal Procedure (Balochistan Amendment) Ordinance (III of 2010), Preamble---Constitution of Pakistan, Arts.199 & Part-II, Chap. 1 [Arts. 8 to 28]---Constitutional petition---"Aggrieved person"---Executive Magistrate---Judicial powers---Laws inconsistent or in derogation of Fundamental Rights, assailing of---Pubic interest---Scope---Petitioner was a practising lawyer who assailed promulgation of Code of Criminal Procedure (Balochistan Amendment) Act, 2010, and Code of Criminal Procedure (Balochistan Amendment) Ordinance, 2010, whereby judicial powers had been conferred upon Executive Magistrates---Authorities contended that the petition was not maintainable as the petitioner was not an 'aggrieved person'---Validity---Ensuring compliance of laws with human rights/Fundamental Rights and certitude of laws formed bedrock of civilized society---Everyone, in such societies knew their obligations and how those would be dealt with, if charged of having committed an offence---Any person might not also have sufficient time to assail such laws when he or she was facing trial and trial might be over before a challenge could be launched against it---Persons who did not have the requisite knowledge…
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