Case Details

Citation(s)
2001 SLG 2548 2001 SLD 2548 2001 CLC 1355
Lahore High Court
Writ Petition No.4728 of 2001, heard on 26-03-2001
CH. IJAZ AHMAD, J
Ashhad Ausaf Ali for Petitioner. Ch. Ijaz Ahmad, Addl. A.G. for
Respondents

YOUSAF ABBAS

VS

DISTRICT MAGISTRATE and others

Law:

Section:

(a) Constitution of Pakistan (1973)-------Preamble---Characteristics of the Constitution---Obligation of citizens--­Constitution was a commitment of the Nation to work within its framework and it was duty and obligation of the citizens to follow the mandate of the Constitution---Under Constitution it was imperative to put the Nation on the right path and it was moral duty of Nation to follow the footprints of Founder of Pakistan and to follow his basic character for the purpose of strengthening the country and to remove existence of colourable exercise of power in each and every sphere of activity of Governmental officials. Muhammad v. State PLD 1980 Kar. 1; Abdul Hameed's case PLD 1973 Kar. 344; Government of Sindh through Chief Secretary, Karachi and 4 others v. Raeesa Farooq and 5 others 1994 SCMR 1283; Maul ana Shah Ahmed Noorani's case PLD 1984 Lah. 222; Riaz Malik's case PLD 1968 Dacca 382; Malik Ghulam Jillani's case PLD 1967 SC 373; Begum Sardar Muhammad Hayat Khan Tuman's case PLD 1969 Lah. 985; Kausar Ali alias Kausri's case PLD 1999 Pesh. 82; Mir Abdul Baqi Baluch's case PLD 1968 SC 313; Dr. Muhammad Shoaib Siddiqui's case 1999 PCr.LJ 747; Mohtrama Benazir Bhutto's case PLD 1998 SC 388; Zahid A4tar's case PLD 1995 SC 530 and Ghulam Mohy-ud-Din's case PLD 1964 SC 829 ref. (b) General Clauses Act (X of 1897)--- ----S. 24-A---Duty and obligation of public functionaries---Duty and obligation of public functionaries is to redress the grievance of citizens with reasons after applying independent mind. Messrs Airport Support Service's case 1998 SCMR 2268 and Zain Yar Khan's case 1998 SCMR 2419 ref. (c) Constitution of Pakistan (1973)--- ----Arts. 189 & 190---Judgment of Supreme Court was binding on each and every organ of State. JUDGMENT Briefly, the facts of the case are that respondent No. 1 passed the detention order of petitioner on 2-2-2001 and detained the petitioner in Central Jail Kot Lakhpat for a period of two months. The petitioner being aggrieved, filed representation before respondent No.2, who did not decide the same. The petitioner was constrained by the aforesaid circumstances to file Writ Petition No.3533 of 2001 which was subsequently…
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