Case Details

Citation(s)
2001 SLG 1933 2001 SLD 1933 2001 PLC 692
Supreme Court of Pakistan
Civil Petition No.604 of 1999, decision dated: 24-07-2000.
NAZIM HUSSAIN SIDDIQUI AND ABDUL HAMEED DOGAR, JJ

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MUHAMMAD SAFDAR

VS

GOVERNMENT OF SINDH and others

Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 25---Equal protection of law---Concept---Meaning---Reasonable classification---Scope---Principles for application of equality enumerated. Following are the principles for application of equality clause of the Constitution: (1) 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; (2) that reasonable classification is permissible but it must be founded on reasonable distinction or reasonable basis; (3) 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; (4) 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; (5) 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 not founded on any rational basis is no classification as to warrant its exclusion from the mischief of Article 25; (6) that equal protection of law means, that all persons equally placed be treated alike both in privileges conferred and liabilities imposed; (7) that in order to make a classification reasonable it should be based:-- (a) On intelligible differentia which distinguished 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. Government T` Sindh through Additional Chief Secretary v. Azizullah Memon and 16 ethers PLD 1993 SC 341 and Nisar Ahmad and others v. Federation of Pakistan and others 1999 SCMR 1338 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- ----S.8---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Constitution of Pakistan (1973), Arts.25 &…
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