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MUHTADDIN vs SAEED ALI alias SYED ZALI arts — 2021 PLD 1 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 1 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
MUHTADDIN vs SAEED ALI alias SYED ZALI arts
Subject matter
Constitutional

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

MUHTADDIN VS SAEED ALI alias SYED ZALI arts. 15 & 199---Freedom of movement---Jirga decision---Implementation---Petitioners sought implementing decision of Jirga whereby respondent was declared as 'Kushinda' and was not allowed to enter his native village---Validity---Respondent had fundamental right to remain in, enter and move freely throughout Pakistan including his native village---Customs like declaring somebody as 'Kushinda' or expelling him from any of the territories was always discouraged by superior Courts of the land---Such practice or custom even if existed in the past could not be allowed to operate in future in any manner, particularly when it operated to abridge any of the fundamental rights of citizens---Petitioners were seeking to invoke Constitutional jurisdiction of High Court for ordering relevant authorities to implement a decision of Jirga which would have the effect of depriving respondent from exercise of his fundamental right guaranteed under art. 15 of the Constitution---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances.

Other judgments reported in 2021 PLD

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