| Citation(s) |
|---|
| 1993 SLG 328 1993 SLD 328 1993 PLD 439 |
Supreme Court of Pakistan
Civil Appeals Nos. 38 and 39 of 1991, decision dated: 8-03-1993. (On appeal from the judgment dated 23-10-1990 of Lahore High Court, Lahore in Writ Petitions Nos.7671 and 7871 of 1990).
NASIM HASAN SHAH, ABDUL SHAKURUL SALAM AND MUHAMMAD RAFIQ TARAR, JJ
Mansoor Ahmad, Advocate Supreme Court and Ch. Akhtar Ahmad, Advocate-on-Record for Appellant (in CA.No. 38 of 1991). Mian Tariq Mahmood, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (in CA. Nos.38 1991). S. M. Masud, Advocate Suprem
Civil Appeals Nos. 38 and 39 of 1991, decision dated: 8-03-1993. (On appeal from the judgment dated 23-10-1990 of Lahore High Court, Lahore in Writ Petitions Nos.7671 and 7871 of 1990).
NASIM HASAN SHAH, ABDUL SHAKURUL SALAM AND MUHAMMAD RAFIQ TARAR, JJ
Mansoor Ahmad, Advocate Supreme Court and Ch. Akhtar Ahmad, Advocate-on-Record for Appellant (in CA.No. 38 of 1991). Mian Tariq Mahmood, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (in CA. Nos.38 1991). S. M. Masud, Advocate Suprem
ELECTION COMMISSION OF PAKISTAN through its Secretary, Islamabad
VS
M.P. BHANDARA
Law:
Section:
Constitution of Pakistan (1973)---Arts. 260 (3) (b) & 51 (2A) --- Sansi caste or tribe --- Status- Unless any one himself claims to be a Hindu or belonging to a "scheduled" caste he cannot be placed in that category --- Where persons belonging to Sansi caste or tribe were not given any opportunity to clarify as to which category they could like to be bracketed they could not be bracketed with "Hindus or other non-Muslims"- Quesions of such importance which affect the faiths, rights and. Susceptibilities of individuals cannot be disposed of without making the persons concerned as parties to the proceedings and without affording them a hearing as it was essential to ascertain their point of view before any decision in that regard could be made. The Constitution of 1973 makes. a reference to the scheduled castes inasmuch as in clause (3) (b) of Article 260 of the Constitution 'scheduled castes' have been included among 'non-Muslims' and in clause (2A) of Article 51 they have been bracketed with Hindus for the purpose of elections to reserved seats. But this Constitution too is silent as to which groups are to be categorised as the scheduled" caste. As the term suggests itself, scheduled castes could be the castes that were put in some schedule issued by the appropriate agency but there is no such schedule in existence in Pakistan and there is no provision in the Constitution or any other law enabling issuance of such a schedule. Unless, therefore any one himself claims to be a Hindu or belonging to a 'scheduled caste' he cannot be placed in the category of "Hindus and scheduled castes". However, the persons belonging to Sansi caste or tribe, were, not given any opportunity to clarify as in which category they would like to be bracketed. It is noteworthy that some of the persons belonging to Sansi caste have converted to Islam. It will, therefore, be unjust and unfair to bracket them with Hindus or other non-Muslims. Questions of such importance which affect the faiths, 'rights and susceptibilities of individuals cannot be disposed of without making the persons concerned as parties to the proceedings and without affording them a hearing. It was essential to…
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