| Citation(s) |
|---|
| 2023 SLG 2051 2023 SLD 2051 = 2023 PLD 164 |
Write Petition No. 505 of 2022, decided on 11th October, 2022.
Before Jawad Hassan, J
Barrister Muhammad Ahmad Pansota, Advocate Supreme Court for Petitioner along with Ms. Eamaan Noor Bandial and Ms. Noor Iman. Muhammad Sajid Khan Tanoli, Deputy Attorney General along with Asif Ikram, Assistant Attorney General. Mushtaq Ahmad Mohal, Additional Advocate General Punjab along with Mirza Asif Abbas and Waheed Asad Raja, Assistant Advocates General Punjab. Muhammad Ikram Abbasi, Litigation Officer, CEO/DEA, Rawalpindi on behalf of
Respondent No.5. Akhtar Javaid, Secretary Law and Parliamentary Affairs, Punjab. Waheed Akhtar, Superintendent O/O Deputy Director Food, Rawalpindi Division on behalf of
Respondent No.11. Muhammad Naveed Akhtar, Child Protection Officer, Child Protection and Welfare Bureau, Government of Punjab. "In 1895 the London satirical magazine Punch published a famous cartoon in which a bishop says to a curate at breakfast, 'I'm afraid you've got a bad egg, Mr. Jones'. The curate replies, 'Oh no, my lord, I assure you that parts of it are excellent'."
ZAFAR KHIZER---Petitioner
VERSUS
FEDERATION OF PAKISTAN and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 4 , 9 , 14 , 25A , 35 , 38
Constitution of Pakistan---
----Arts. 4, 9, 14, 25A, 35 & 38---Punjab Government Rules of Business 2011, R. 3(3) & Second Sched. ---Child citizen---Fundamental Rights---Right to nutritious food, right to proper development and right to education---Provincial Food and School Education Departments, powers of---Scope---Petitioner sought betterment of legislation on child citizens' fundamental rights, including right to life and dignity, right to proper growth and development through strict enforcement of their right to nutritious food and education---Held, that the Provincial Food and School Education Departments had the mandate under Second Schedule of the Punjab Government Rules of Business, 2011 to make proper policy/legislation on the issues raised by the petitioner---High Court disposed of the Constitutional petition with various directions to the respondents, including that they would (i) make proper legislation on the child citizens' fundamental rights in light of the relevant provisions of the (Federal) Rules of Business, 1973 and the Punjab Government Rules of Business, 2011, and if proper legislation already holds the field then ensure its enforcement; (ii) formulate a national policy on such rights under the Rules, after carefully going through the respective laws, by conducting surveys in the relevant fields and also taking steps for addressing the issue of malnourishment/ malnutrition in the child citizens; and then (iii) ensure implementation of the said policy in its true sense.
Muhammad Ahmad Pansota and others v. Federation of Pakistan and others PLD 2020 Lah. 229; Al-Bakoi International and others v. Federation of Pakistan and others PLD 2021 Lah. 1 and Muhammad Yousaf v. The Secretary Finance and others PLD 2021 Lah. 156 ref.