Law: Constitution of Pakistan, 1973

Section: 14

  Constitution of Pakistan (1973)--- ---Art. 14---Eaves-dropping, tapping and stealthily, photographing something inside the house are invasions on privacy and as such are not permissible under the Constitution as well as in Islam. Criminal Procedure Code (V of 1898)--- ----S.497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/13/14---Bail, grant of---Police had entered the premises without observing formalities of law---Evidence collected so far was thus open to objection and case against accused was of further inquiry---Accused was admitted to bail in circumstances. Muhammad Saleem and another v. The State 1988 P Cr. L J 2321 rel. Sh. Naveed Shaharyar for Petitioner. C.M. Latif for the State. Date of hearing: 14th April, 1990. JUDGMENT Manzoor Ahmad petitioner, who is involved in a case under section 10/13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, arising out of F.I.R. No. 103 dated 8-11-1989, registered at Police Station Cantt, Sargodha, seeks to be admitted to bail. According to the prosecution version it was reported to A.S.I. Muhammad lqbal that inside Zahoor Motors Workshop, two men and a woman were busy in illicit intercourse and if a raid is conducted, they are likely to be arrested. In consequence, the raiding party reached the spot and peeped through door and saw that Mst. Nusrat Bibi was lying naked, Bashir Ahmad was committing Zina with her. Thereafter, the petitioner is alleged to have committed Zina with the girl.   Learned counsel for the petitioner contends that the police has violated the provision of Article 14 of the Constitution of the Islamic Republic of Pakistan, which reads as follows:-- "14. Inviolability of dignity of man etc (1) .--The dignity of man and, subject to law, the privacy of home, shall be inviolable. (2) No person shall be subjected to torture for the purpose of extracting evidence". The raid conducted at the workshop without obtaining warrants of…