[Subject to further Comments/additions both pro & cons] None of the below mentioned Articles of Constitution 1973, prevented any person from making any of the demands (which are not specifically prohibited) from the government through peaceful and without arms processions, therefore the demands made in the present Inqilab/Azadi march are not unconstitutional rather these are constitutional because these demands are not specifically prohibited anywhere in the constitution and it is settled principle of law that “the thing not specifically prohibited by law is deemed to be permitted”. But only in the interest of the sovereignty or integrity of Pakistan or public order (not to save a particular interest of government or party in government) the government under Article 8(3) may make specific restrictions on specific activities in processions under specifically provided provisions of law for the time being in force subject to Article 8 of Constitution. For taking any other action in this Inqilab/Azadi march the government is bound by the provisions of Article 17(2) which says that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, or public order the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. Therefore, PTI being political party, the government in such like situation cannot order the police to use force against this peaceful & without arms procession of people of Pakistan in Inqilab/Azadi march. Further, it nowhere in the constitution is specifically prohibited that the people of Pakistan cannot exercise their right of freedom of speech/expression (saved under article 19) of their will/wish like ‘to ask the Prime Minister or any Minister or Public Office holder to resign from his position or post’ but the procedure to resign/leave/surrender may be of any kind. Art. 4. Right of individuals to be dealt with in accordance with law. Etc (2) In particular : --- (a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) no person shall be compelled to do that which the law does not require him to do. Leading Cases: P L D 2004 LAHORE 86 MST. RASHIDA BIBI AND ANOTHER BORDER AREA COMMITTEE THROUGH SECRETRY, BOARD OF REVENUE, P L D 2004 PESHAWAR 251 AAMIR KHALIL GOVERNMENT OF PAKISTAN THROUGH DIRECTOR-GENERAL A.N.F., P L D 2004 SC 168 SHAFIQUE AHMED AND OTHERS GOVERNMENT OF PUNJAB AND OTHERS P L D 2004 SC 583 MIAN MUHAMMAD SHAHBAZ SHARIF FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF 2005 YLR 177 YASIR KHAN VICE-CHANCELLOR, UNIVERSITY OF PUNJAB, LAHORE 2005 YLR 264 ABDUL REHMAN CHAUDHRY DEPUTY DISTRICT OFFICER (REVENUE) LAHORE CANTT AND 2 OTHER Art. 5. Loyalty to State and obedience to Constitution and law (1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the [inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan. Leading Cases: P L D 1989 SC 61 FEDERATION OF PAKISTAN AITZAZ AHSAN AND ANOTHER 1992 MLD 107 MUHAMMAD DIN DISTRICT MAGISTRATE 1992 MLD 88 MUHAMMAD ASHHAR DISTRICT MAGISTRATE, SIALKOT P L D 1998 LAHORE 347 MEHRAM ALI alias YAWAR ALI FEDERATION OF PAKISTAN P L D 1999 SC 504 SH. LIAQUAT HUSSAIN AND OTHERS FEDERATION OF PAKISTAN through Ministry of Law, Justice and 2004 CLC 1029 ARIF MAJEED MALIK AND OTHERS BOARD OF GOVERNORS KARACHI, GRAMMER SCHOOL Art. 8. Laws inconsistent with or in derogation of Fundamental Rights to be void. - (1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void. (3) The provisions of this Article shall not apply to : --- (a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or (b) any of the (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule; (ii) other laws specified in Part I of the First Schedule; and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter. (5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution. Leading Cases: P L D 2004 LAHORE 599 MUHAMMAD FIAZ GOVERNMENT OF THE PUNJAB AND OTHERS P L D 2005 LAHORE 428 SYEDA SHAZIA IRSHAD BOKHARI GOVERNMENT OF PUNJAB P L D 2005 SC 719 PAKISTAN LAWYERS FORUM AND OTHERS FEDERATION OF PAKISTAN AND OTHERS P L D 2007 KARACHI 139 SALEEM RAZA AND OTHERS THE STATE P L D 2007 LAHORE 568 ANOOSHA SHAIGAN LAHORE UNIVERSITY OF MANAGEMENT SCIENCE THROUGH CHANCELLOR AND OTHERS Art. 15. Freedom of movement, etc Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof. Leading Cases: P L D 1999 LAHORE 459 MUNAWAR ALI SHERAZI FEDERATION OF PAKISTAN through Ministry of Interior, Govt. of Pak. ISB P L D 1999 SC 57 SARDAR FAROOQ AHMED KHAN LEGHARI FEDERATION OF PAKISTAN AND OTHERS 2000 SCMR 770 IN RE: SUO MOTU CASE NO. 1 OF 2000 - P L D 2004 SC 583 MIAN MUHAMMAD SHAHBAZ SHARIF FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR, 2005 SCMR 1973 SAAD MAZHAR AND OTHERS CAPITAL DEVELOPMENT AUTHORITY THROUGH CHAIRMAN Art. 16. Freedom of assembly.- Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order. Leading Cases: P L D 1998 SC 1263 WUKALA MAHAZ BARAI TAHAFAZ DASTOOR FEDERATION OF PAKISTAN P L D 1999 SC 57 SARDAR FAROOQ AHMED KHAN LEGHARI FEDERATION OF PAKISTAN AND OTHERS 2000 SCMR 770 IN RE: SUO MOTU CASE NO. 1 OF 2000 - P L D 2000 SC 111 JAMIAT-ISLAM PAKISTAN through Syed Munawar Hassan, Secretary-General FEDEARTION OF PAKISTAN through Secretary, Law, Justice and Affairs P L D 2000 SC 869 SYED ZAFAR ALI SHAH AND OTHERS GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS Art. 17. Freedom of association-(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of 1[sovereignty or integrity of Pakistan, public order or morality.] 2[(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan 3[or public order] and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, 3[or public order] the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final 4[:] 4[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group of section.] (3) Every political party shall account for the source of its funds in accordance with law.] 5[(4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.] Leading Cases: P L D 1999 SC 57 SARDAR FAROOQ AHMED KHAN LEGHARI FEDERATION OF PAKISTAN AND OTHERS P L D 2000 SC 869 SYED ZAFAR ALI SHAH AND OTHERS GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS P L D 2002 SC 994 PAKISTAN MUSLIM LEAGUE (Q) AND OTHERS CHIEF EXECUTIVE OF ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS P L D 2005 LAHORE 150 MUHAMMAD RAFIQUE FEDERATIO OF PAKISTAN P L D 2005 SC 719 PAKISTAN LAWYERS FORUM AND OTHERS FEDERATION OF PAKISTAN AND OTHERS 19. Freedom of speech, etc.-Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, 1[commission of] or incitement to an offence. Leading Cases: P L D 2002 SC 514 SHEIKH MUHAMMAD RASHID MAJID NIZAMI, EDITOR-IN-CHIEF, THE NATION AND NAWA-E-WAQAT, LAHORE 2004 SCMR 164 ENGINEER JAMEEL AHMED MALIK PAKISTAN ORDNANCE FACTORIES BOARD, WAH CANTT THROUGH CHAIRMAN P L D 2005 LAHORE 644 MAJ. ZAHID HUSSAIN CHAIRMAN, ARBITRATION COUNCIL, CANTONMENT BOARD, LAHORE P L D 2007 LAHORE 544 NADEEM ASGHAR KAIRA GOVERNMENT OF PUNJAB THROUGH S ECRETARY, LOCAL GOVERNMENT
Posted on: Fri, 22 Aug 2014 12:16:39 +0000
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