Law:

Section:

(a) Exit from Pakistan (Control) Ordinance (XLVI of 1981)-- ----Ss. 2 & 3---Constitution of Pakistan (1973), Arts. 2A, 4, 9, 15, 25 & 199--Constitutional petition challenging the vires of Exit from Pakistan (Control) Ordinance, 1981 on the touchstone of its alleged inconsistency with the Fundamental Rights---Maintainability---Ordinance having not been included in the Seventh Schedule of the Constitution of Pakistan, and thus, being an ordinary law amenable to the amendments or repeal by the Legislature, as provided by Art. 270-A(6) of the Constitution, vires of the Ordinance could be tested on the touchstone of its alleged inconsistency with the Fundamental Rights and Constitutional petition was maintainable. (b) Constitution of Pakistan (1973)--- ----Arts. 2A, 4, 9, 15 & 25---Interpretation and scope of Arts. 2A, 4, 9, 15 & 25 of the Constitution- - Article 2A of the Constitution by which the principles and provisions set out in the Objectives Resolution were made substantive part of the Constitution, is not a supra-Constitutional provisions nor it is self-executing. Although, the principles of Islamic Law and Injunction of Islam have to be kept in view and applied while interpreting the statutes, but the superior Courts did not strike down such laws, rules and regulations on the touchstone of this Article. Article 4 speaks about right of individuals, which are to be dealt with in accordance with law. No action adversely affecting the life, liberty, body, reputation or property of any person is to be taken except in accordance with law. The proceedings or act, ex facie, which suffer from excess or lack of jurisdiction, or are corum non judice or mala fide, are the examples, which cannot be termed as "in accordance with law". It is an inviolable right. Article 9 speaks about security of person. According to this Article, no person shall be deprived of life or liberty save in accordance with law. Article 15 deals with freedom of movement of the citizens. Article 25 mentions about equality of citizens. According to it, all citizens are equal before law and are entitled to equal protection of law. It discards discrimination on the basis of sex…

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