Case Details

Citation(s)
1998 SLG 4053 1998 SLD 4053 , 1998 PLD 180
Sindh High Court
Constitutional Petition No.S-364 of 1997, heard on 13th October, 1997
Presented By: Before M. L. Shahani, J
M.A. Rasheed for Petitioner Zawar Hussain Jaffri, Addl. A.-G. for the State
Respondent No.2 (present).

AHMED NAWAZ alias BABAL KHAN JAKHRANI---Petitioner

VERSUS

THE STATE and another---Respondents

Law: Constitution of Pakistan 1973

Section:

P L D 1998 Karachi 180 Constitutional Petition No.S-364 of 1997, heard on 13th October, 1997 Constitution of Pakistan (1973)-- ----Art. 199---Constitutional petition, withdrawal of---Constitutional petition was fixed for Kacha Peshi and at the very outset counsel for petitioner stated that on instructions of his client he would not press the petition and requested that petition should be dismissed as withdrawn---Request of counsel for petitioner was declined by Court for the reason that the law had been set in motion and once the cognizance had been taken, appropriate order had been issued and entire exercise had been undertaken to call for comments from respondent, which had been filed by respondent who was in attendance, allowing petitioner to withdraw petition, would amount to subverting the cause of justice--Moreover, grievance of petitioner was not peculiar to him, but related to growing menace of maladministration and it was necessary to lay down guidelines for the exercise of power vested in administration by law. Constitution of Pakistan (1973)--- ----Arts. 2A, 4 & 14---Objectives Resolution---Right of individual and invioability of diginity of man---Pakistan is a Republic in which rule of laws is to reign supreme---Dream of founding fathers of the country was enshrined in Objectives Resolution which is now substantive part of Constitution and that Objectives Resolution was preamble of almost of all previous Constitutions--Article 4 of the Constitution ,of Pakistan (1973), reflected the will of Sovereign and that was to enjoy the protection of law and to be treated in accordance with law which was the inalienable right of every citizen wherever he may be and of every other person for the time being in Pakistan---Mandate of Art.4 is that not only the citizens, but even aliens who were for the time being living in Pakistan, were entitled to such protection---Article 14 guarantees to all citizens of Pakistan that their dignity and subject to law, their privacy of home was invoiable. Constitution of Pakistan (1973)--- ----Art. 29---Principles of Policy---Member of Parliament who is citizen of Pakistan, does not have special status in the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register