Case Details

Citation(s)
2003 SLG 2912 2003 SLD 2912 2003 CLD 756
Lahore High Court
Writ Petition No.881 of 2002, heard on 25-10-2002.
MAULVI ANWARUL HAQ, J
Muhammad A. Qayyum for Petitioner. Raja Abdul Ghafoor for
Respondent.

TRADEX (PVT.) LIMITED through Auhtorized Attorney.

VS

. GOVERNOR, STATE BANK OF PAKISTAN and another

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art.25---Equal protection of law---Principles---Reasonable classification and intelligible differentia enumerated. Following are principles of law with regard to equal protection of law:-- (i) That equal protection of law does not envisage that every citizen is to be treated alike in all circumstances, but it contemplates that persons similarly situated or similarly placed are to be treated alike; (ii) that reasonable classification is permissible but it must be founded on reasonable distinction or reasonable basis; (iii) that different laws can validly be enacted for different sexes, persons in different age groups, persons having different financial standings, and persons accused of heinous crimes: (iv) that no standard of universal application to test reasonableness of a classification can be laid down as what may be reasonable classification in a particular set of circumstances, may be unreasonable in the other set of circumstances; (v) that a law applying to one person or one class of persons may be constitutionally valid if there is sufficient basis or reason for it, but a classification which is arbitrary and is not found on any rational basis is no classification as to warrant its exclusion from the mischief of Article 25; (vi) that equal protection of law means that all persons equally placed be treated alike both in privileges conferred and liabilities imposed: (vii) that in order to make a classification reasonable: it should be based-- (a) on an intelligible differentia which distinguishes persons or things that are grouped together from those who have been left out; (b) that the differentia must have rational nexus to the object sought to be achieved by such classification. I. A. Sharwani and others v. Government of Pakistan 1991 SCMR 1041 ref. (b) Constitution of Pakistan (1973)--- ----Art. 25--- Reasonable classification--- Principles enumerated. Principles as to classification are as follows: (a) A law may be Constitutional even though it relates to a single individual if, on account of some special circumstances, or reasons applicable to him and not applicable to others, that single individual may be…
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