| Case ID |
2a361de2-3e04-48b8-bbee-6a75d765c9bb |
| Body |
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| Case Number |
Constitutional Petitions Nos. 1079 connected with |
| Decision Date |
Nov 26, 1978 |
| Hearing Date |
Nov 05, 1978 |
| Decision |
The court held that the bifurcation of cases against keepers of the gambling den and individuals found present in the premises is permissible and does not violate the equality clause as provided under Article 4 of the Constitution. The distinction made between different categories of accused is based on reasonable classification, as the severity of the offences committed by those running the gambling operation is significantly higher than that of those merely present. The ruling emphasized that not all discrimination is unconstitutional, and the classification must have a rational basis to avoid being deemed arbitrary. The decision concluded that the petitioners running the gambling den could be treated distinctly from those merely participating in the gambling activities. |
| Summary |
This case revolves around the interpretation of the Prevention of Gambling Act and its implications on the rights of individuals accused of gambling-related offences. The Sindh High Court addressed the constitutionality of bifurcating cases against different parties involved in gambling activities, focusing on the fairness of the legal process and the application of Article 4 of the Constitution of Pakistan. The court highlighted that while equality before the law is a fundamental principle, reasonable classifications based on the nature of the offence can be made without infringing on constitutional rights. The ruling reinforced the importance of distinguishing between serious offenders, such as operators of gambling dens, and those merely present, affirming that the legal system can treat these groups differently based on the severity of their actions. This case is pivotal in understanding the balance between legal equality and the necessity for differentiated treatment based on the context of the offences, which is essential for the integrity of judicial proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAYEE KURESHL,
S. A. NUSRAT
|
| Lawyers |
Nizam-ud-Din Memon,
Ameer Ahmed Khan,
Rashid Akhund,
Mohomed Ali Jan,
Usman Ghani Rashid
|
| Petitioners |
Mst. SAMINA BEGUM
|
| Respondents |
THE STATE
|
| Citations |
1979 SLD 242,
1979 PLD 424
|
| Other Citations |
Haji Ghulam Zamin v. Khondkhar P L D 1965 Dacca 156,
Haji Khudiadad v. Deputy Martial Law Administrator P L D 1978 Quetta 177,
Nazeer Ahmed v. President, Special Military Court P L D 1978 Kar. 777,
Rustam All v. The Martial Law Administrator P L D 1978 Kar. 736,
Jibendra Kishore v. The Province of East Pakistan P L D 1957 S C (Pak.) 9,
Moonda v. The State P L D 1958 S C (Pak.) 275
|
| Laws Involved |
Prevention of Gambling Act
|
| Sections |
4,
5,
6
|