Syed SHAHIN SHAH vs The CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR arts — 2021 PLC(CS) 1589 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS) 1589 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: Syed SHAHIN SHAH vs The CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR arts
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed SHAHIN SHAH VS The CHIEF SECRETARY, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR arts. 4 & 25---"Intelligible differentia"---Conditions---Scope---"Intelligible differentia" was a factor that distinguished or in different state or class from another which was capable of being understood---Persons might be classified into groups and such groups might be treated differently, if there was a reasonable basis for such difference---article 25 of the Constitution forbad legislation, classification or differentiation which rested upon reasonable grounds of distinction---Principle of equity did not mean that every law must have universal application to all the persons who were not by nature, attainment or circumstances in the same position---Varying needs of different classes of persons required different treatment---In order to pass the test for permissible classification, two conditions must be fulfilled: firstly, the classification must be founded on an intelligible differentia which distinguished persons/things that were grouped together from others left out of the group; secondly, the differentia must have a rational nexus with the object sought to be achieved by the statute in question.

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