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MUHAMMAD AJMAL vs PROVINCE OF BALOCHISTAN art — 2021 PLD 105 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 105 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
MUHAMMAD AJMAL vs PROVINCE OF BALOCHISTAN art
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

MUHAMMAD AJMAL VS PROVINCE OF BALOCHISTAN art. 199(1)(c)---Constitutional jurisdiction---Enforcement of Fundamental Rights---Scope---High Court, in exercise of the constitutional jurisdiction for enforcement of fundamental rights, has unlimited powers to issue appropriate directions to the functionaries of the State for securing the fundamental rights or to avoid their violation---act which is required to be done by the public functionaries by the Court under the clause (c) of Sub-article (1) of art.199 may not normally be allowed to be taken by them under specific law/rules or in normal circumstances, they may even be not permitted specifically to perform such acts under the existing law or rules---In pursuance of the direction given by the court under said sub-clause (c), the person/authority/government so commanded by the High Court shall be bound to perform the act so that the fundamental rights of citizens are enforced---Reasons behind granting such powers for issuing appropriate direction are that every other law/rule/instruction have to yield to the fundamental rights enshrined in the Constitution.

Other judgments reported in 2021 PLD

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