| Citation(s) |
|---|
| 2005 SLG 1856 2005 SLD 1856 2005 PLD 354 |
Lahore High Court
Intra-Court Appeal No. 599 of 2004, decided on 7th April, 2005
SYED ZAHID HUSSAIN AND SYED SAKHI HUSSAIN BOKHARI, JJ
Muhammad Yousaf Javed with Shabbir Hussain Qureshi for Petitioners
Intra-Court Appeal No. 599 of 2004, decided on 7th April, 2005
SYED ZAHID HUSSAIN AND SYED SAKHI HUSSAIN BOKHARI, JJ
Muhammad Yousaf Javed with Shabbir Hussain Qureshi for Petitioners
Hafiz ASMATULLAH
VS
GOVERNMENT OF PUNJAB and others
Law:
Section:
Constitution of Pakistan (1973)-------Arts. 20, 36(3), 227 & 199---Intra-Court appeal---Freedom to profess religion and to manage religious institutions---Protection of minorities--Contention of the petitioner under Art.199 of the Constitution was that the Provincial Government be directed to impose ban qua the book "God's Special Agents" and that the respondent be restrained from preaching and projecting the programme of Christianity in Pakistan-- Validity---Held, under Art.20 of the Constitution every citizen enjoys a Fundamental Right to profess, practise and propagate his religion and every religious denomination and every sect thereof has a right to establish, maintain and manage its religious institutions---Petitioner failed to point out and to address any argument as to how the actions of the respondent offend against any particular law, public order or morality so as to exclude the application of Art.20 of the Constitution---Reliance of the petitioner upon Art.227 of the Constitution in the context was inapt inasmuch as clause (3) thereof ensures that "nothing in this part shall affect the personal laws of non Muslim citizens or their status as citizens" and rather gives added strength to Art.20 of the Constitution and is also consistent with the principles of policy as contained in Art.36 of the Constitution--Benevolence and tolerance is the hallmark of religion of Islam and faith of Muslims and provisions of Arts.20, 36 & 227(3) of the Constitution are reflection thereof---No valid justification having been found to interfere, order of the Single Bench was reaffirmed by the Division Bench of the High Court. ORDER Through the petition tiled under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 it was prayed that the Government of Punjab be directed to impose ban qua the book "God's Special Agents" and that respondent No.4 namely William Johnson be restrained from preaching and projecting the programme of Christianity in Pakistan. The said petition carne up for hearing before a learned Judge in Chamber of this Court who dismissed the same on 1-11-2004, which order has now been assailed through this Intra-Court Appeal.…
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