Law:

Section:

Constitution of Pakistan (1973)-- ----Arts. 4, 9 & 199---Constitutional petition---Security of person and right of individual to be dealt with in accordance with law---Petitioner apprehended that his brother who was confined in Jail as under trial may be done to death by or at the instance of Police by way of extra judicial killing and prayed that the accused may not be taken out of the jail in the interest of his proper safety and security---Held, under trial or accused persons were not denuded of their fundamental rights as guaranteed under Arts.4 & 9 of the Constitution of Pakistan in their capacity as citizens---Duty of care on part of the State was strict and admitted of no exceptions---Defence of "sovereign immunity" in such cases was not available to the State---High Court directed the Home Secretary of the Provincial Government, the Inspector-General of Police and the Senior Superintendent of Police of the concerned area to take all necessary steps to ensure that the apprehension of the petitioner did not materialize and he did not come to any harm and made said officers responsible if they failed to ensure the safety and security of the accused. Article 4 of the Constitution expressly provides that no action detrimental to the life, liberty anybody of any person shall be taken except in accordance with law. The Constitution also guarantees fundamental right enshrined in Article 9 of the Constitution that no person shall be deprived of life or liberty save in accordance with law. The Constitutional guarantees make it clear that even the undertrials or accused are not denuded of their fundamental rights as guaranteed by the Constitution in their capacity as citizens. Convicts, prisoners or undertrials are not denuded of their fundamental rights and it is only such restrictions, as are permitted by law, which can be imposed on the enjoyment of the fundamental rights by such persons. It is an obligation of the State, to ensure that there is no infringement of. the indefeasible rights of a citizen to life, except in accordance with procedure established by law, while the citizen is in its custody, whether he be a suspect undertrial or convict. His…

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