| Case ID |
1e2a2286-39d7-4673-aab7-5ce4f81029c0 |
| Body |
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| Case Number |
Intra-Court Appeal No. 4 of 1990 in Writ Petition |
| Decision Date |
Jul 01, 1991 |
| Hearing Date |
Jun 29, 1991 |
| Decision |
The Lahore High Court dismissed the Intra-Court Appeals filed by the Government of Pakistan, affirming the decision that the respondents were entitled to equal treatment under the law as enshrined in the Constitution of Pakistan. The court held that the differentiation in the sale of Evacuee Trust properties was arbitrary and unconstitutional, violating the principles of equality and justice. The court emphasized that the law must operate equally on all persons in similar circumstances, and any discriminatory treatment based on status or influence is impermissible under the Constitution. The court ruled that the properties should have been sold in a manner that ensured equal opportunity for all parties involved, thus protecting the rights of the petitioners. |
| Summary |
This case revolves around the principles of equality and fair treatment as enshrined in the Constitution of Pakistan. The Lahore High Court examined the actions of the Government concerning the sale of Evacuee Trust properties, asserting that all citizens are entitled to equal protection under the law. The court highlighted the importance of the doctrine of equality before the law, which prohibits arbitrary and discriminatory actions by the state. The judgment reinforced the notion that laws must be applied consistently and fairly, ensuring that no individual is treated preferentially based on wealth, power, or social status. The case serves as a pivotal reference for future legal interpretations of equality and justice in Pakistan, drawing attention to the necessity of upholding constitutional rights in administrative actions. This decision is crucial for advocates and legal practitioners focusing on constitutional law, human rights, and the protection of individual liberties. |
| Court |
Lahore High Court
|
| Entities Involved |
Federal Government,
Evacuee Trust Property Board
|
| Judges |
CH. FAZAL KARIM,
MIAN ALLAH NAWAZ
|
| Lawyers |
Ch. Fazal Hussain,
Ch. Safdar Yasin,
Sardar Faiz Muhammad Khosa,
Mian Zafar Yasin,
Ch. Moin-udDin
|
| Petitioners |
Bashir Ahmed,
ZAFAR IQBAL,
Allah Bakhsh,
Saeed Ahmed,
Mst. Sultana alias Pairi
|
| Respondents |
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Religious Affairs
|
| Citations |
1992 SLD 596,
1992 CLC 219
|
| Other Citations |
Miss Asma Jillani v. The Government of the Punjab and another PLD 1972 SC 139,
Mian Aziz A. Sheikh v. The Commissioner of Income Tax Investigation, Lahore PLD 1989 SC 613,
The State v. Zia-ur-Rahman and others PLD 1973 SC 49,
Miss Benazir Bhutto's case PLD 1988 SC 416,
Sardar Ali's case PLD 1988 SC 287,
Ittefaq Foundry v. Federation of Pakistan PLD 1990 Lah. 121,
U.S. Supreme Court Rep. 30 Lawyers' Edition, 220,
Jibendra Kishore Achharayya Chowdhury and 58 others v. The Province of East Pakistan and Secretary, Finance and Revenue (Revenue) Department, Government of East Pakistan PLD 1957 SC (Pak) 9 rel.
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
2-A,
4,
25,
199
|