Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction---Public interest litigation--­Concept---Rationale behind such litigation in developing countries is the social and educational backwardness of its people, the dwarfed development of law of tort, lack of developed institutions to attend the matters of public concern, the general inefficiency and corruption at various levels---In such a socio-economic and political milieu, the non-intervention by Courts in complaints of matters of public concern will amount to abdication of judicial authority---Issues of public concern, enumerated. Indian Constitution by Dr. (Justice) Durga Das Basu ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Minor daughter of the petitioner died because of an open manhole of sewerage---Authorities had-paid compensation to the petitioner---High Court showed great concern over such negligence and to prevent the recurrence of such tragedy, ordered Authorities to take action against concerned officials in future. ORDER In the afternoon of 25-7-1997 and in the heart of a residential colony in the City of Multan, a minor girl Alooba aged five years suddenly disappeared from home and her parents made search but in vain. In the evening they saw the minor girl's shoes on the top of an uncovered manhole. After a little effort they found her dead body inside the said manhole. In extreme agony they realized that the pit meant for the filth had swallowed their beloved daughter. This news appeared in the daily Nawa-e-Waqt, Multan of 27th July, 1997. 2. The afore-referred incident prima facie was a violation of Article 9 of the Constitution of Islamic Republic of Pakistan, 1973 i.e. Fundamental Right to life which mandates as under:---- "Security of person.--- No person shall be deprived of life or liberty save in accordance with law." On account of the socially and economically disadvantageous position in which the bereaved family was placed, the lack of development of Law of Tort in this Country, the absence of civic consciousness on the part of the public at large, the apathy and inefficiency of the functionaries of the State and the…

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