| Citation(s) |
|---|
| 2007 SLG 1642 2007 SLD 1642 2007 PLD 642 |
Supreme Court of Pakistan
Constitutional Petitions Nos. 48 and 49 of 2007, decision dated: 23rd August, 2007
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAVED IQBAL SARDAR MUHAMMAD RAZA KHAN, FAQIR MUHAMMAD KHOKHAR, M. JAVED BUTTAR, NASIR-UL-MULK AND RANA FAYYAZ AHMED, JJ
Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreine Court, Malik Muhammad Rafique Rajwana, Advocate.Supreme Court, Zain Sheikh, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in both cases). Sahibzada Ahmed Raza Qasuri, Senior Advocate Suprem
Constitutional Petitions Nos. 48 and 49 of 2007, decision dated: 23rd August, 2007
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAVED IQBAL SARDAR MUHAMMAD RAZA KHAN, FAQIR MUHAMMAD KHOKHAR, M. JAVED BUTTAR, NASIR-UL-MULK AND RANA FAYYAZ AHMED, JJ
Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreine Court, Malik Muhammad Rafique Rajwana, Advocate.Supreme Court, Zain Sheikh, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record (in both cases). Sahibzada Ahmed Raza Qasuri, Senior Advocate Suprem
PAKISTAN MUSLIM LEAGUE (N) through Khawaja Muhammad Asif, M.N.A. and others
VS
FEDERATION OF PAKISTAN through Secretary Ministry of Interior and others
Law:
Section:
(a) Constitution of Pakistan (1973)--- ----Art. 15---Freedom of movement---Right to enter in the country cannot be denied but a citizen, can be restrained from going out of the country. Mian Shahbaz Sharif v. Federation of Pakistan PLD 2004 SC 583 rel. (b) Constitution of Pakistan (1973)--- ----Art. 184(3)---Interpretation of Art. 184(3) of the Constitution---Principles---While interpreting Article 184(3) .of the Constitution the interpretative approach should not be ceremonious observance of the rules or usages of the interpretation but regard should be had to the object and purpose for which the Article is enacted i.e. the interpretative approach must receive inspiration from the triad of provisions which saturate and invigorate the entire Constitution namely the Objectives Resolution (Article 2-A), the fundamental rights and the directive principles of State policy so as to achieve democracy, tolerance, equity and social justice according to Islam. (c) Constitution of Pakistan (1973)--- ----Art. 184(3)---Exercise of jurisdiction by Supreme Court under Art.184(3) of the Constitution---Not dependent only at the instance of aggrieved party---Scope---Exercise of powers by Supreme Court under Article 184(3) is not dependent only at the instance of the "aggrieved party" in the context of adversary proceedings---Traditional rule of locus standi can be dispensed with and procedure available in public interest litigation can be made use of, if it is brought to the Court by a person acting bona fide. (d) Constitution of Pakistan (1973)--- ----Art. 184(3)---Jurisdiction of Supreme Court under Art.184(3) of the Constitution to enforce Fundamental Rights---Scope and extent---Principles---Provisions of Article 184(3), provide abundant scope for the enforcement of the Fundamental Rights of an individual or a group or class of persons in the event of their infraction and it would be for the Supreme Court to lay down the contours generally in order to regulate the proceedings of group or class actions from case to case. (e) Constitution of Pakistan (1973)--- ----Art. 184(3)---Invocation of Jurisdiction of Supreme Court under Art.184(3) of the Constitution---Requirement of…
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