Law:

Section:

(a) Islamic jurisprudence--- ----Equality before Law---Islam fosters concept of equality and condemns distinction on the basis of power, wealth and wordly acquisition. The Holy Qur'an teaches the human beings to seek divine assistance in repentance and awe, asks for allegiance to God Almighty without any distinction of colour, creed, race and poverty. Al-Qur'an IV: 135 and Al-Qur'an, LV 7-9 ref. (b) Constitution of Pakistan (1973)--- ----Arts. 2-A, 4 8c 25---Doctrine of equality and equal protection of law---Every citizen of the State is to be equally treated and is to enjoy equal protection--­Laws must operate equally on all persons in similar circumstances. Per Mian Aallah Nawaz, J. The doctrine of equality before the law and equal protection is the anchor-sheet of the Constitution. It prescribes that every citizen of the State is to be equally treated and is to enjoy equal protection. This principle nullifies and makes void the State actions which infract these principles unless and until the State can show reasonable classification. The equal protection theory prevents discriminate treatment of individual or a group of individuals at the expense of other individuals or classes of the people similarly situated. Even handed, fair treatment to every citizen is ordained by the Constitution. Per Ch. Fazal Karim, J. Article 25 of the Constitution assures to the citizens the right to be treated equally before law and to the equal protection of law. It must, on the well-settled principles governing the construction of Constitutions, be generously interpreted in favour of the citizens; at least, it must be so interpreted as to ensure fairness in the public administration. Equality before the law and equal protection of the law is the right to equal treatment with other individuals in similar circumstances. Thus, though the law may not, on its face, be discriminatory it will be violative of the fundamental right enshrined in Article 25, and hence constitutionally invalid, if in its actual administration it has been carried on in an oppressive and clearly discriminatory manner adversely affecting the liberty and property of citizens in similar circumstances. Miss Asma…

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