Law: Constitution of Pakistan, 1973

Section: 2A, 25 , 199, 4, 8(1), 28

Constitution of Pakistan, 1973-- ----Arts. 2A, 25 & 199--Aggrieved person--Writ petition--Dismissed--Chieftain/Sardar--Refusal to accept attestation of documents of his tribmens--No violation of fundamental rights--Abolishment of Sardari system--Maintainability of constitutional petition--Locus standi--Recognition of tribal head--It is a well-established principle that only an aggrieved person may seek relief under Article 199 of Constitution of Islamic Republic of Pakistan, 1973 (“Constitution”)--It is an admitted fact that petitioner himself was not directly or indirectly aggrieved by actions of respondents--Mere fact of tribal identity or issuance of such certificates did not establish that petitioner has been denied protection of law or has been subjected to treatment not in accordance with law--We are, therefore, constrained to hold that neither petitioner nor any identifiable member of his tribe had established a violation of fundamental rights warranting exercise of constitutional jurisdiction--We find that petitioner did not meet criteria of an aggrieved party under Article 199 of Constitution, nor had he demonstrated that his rights or those of his tribesmen had been violated--Petitioner’s claim that he was entitled to be declared as Chieftain/Sardar of his tribe based on a persisting de facto feudal or Sardari system, asserted to be part and parcel of tribal customs and usages--Where it purports to create a status carrying legal consequences, cannot be sustained if it offends constitutional guarantees of equality before law and equal protection of law enshrined in Articles 4 and 25 of Constitution--It proclaims, inter alia, that principles of democracy, freedom, equality, tolerance, and social justice, as enunciated by Islam, shall be fully observed--The concept of equality so enshrined in objective resolution and provided in Article 25 of Constitution admits of no parallel authority or privileged legal status except in accordance with law--Any claim seeking judicial endorsement of a customary or feudal designation, carrying implications beyond cultural sphere and entering domain of legal authority, must withstand test of…