SHAHZANA KAZMI vs FEDERATION OF PAKISTAN through Secretary Islamabad arts

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SHAHZANA KAZMI VS FEDERATION OF PAKISTAN through Secretary Islamabad arts. 4, 9, 14, 25 & 199---Notifications U.O. No.8/5/2017-TK, dated 18-12-2018 &U.O. No.8/2/2020-TK, dated 26-10-2020 issued by Cabinet Division, Government of Pakistan---Constitutional petition---Tosha Khana articles---auction procedure---Right to life---Petitioner assailed Notifications U.O. No.8/5/2017-TK, dated 18-12-2018 and U.O. No.8/2/2020-TK, dated 26-10-2020 issued by Cabinet Division, Government of Pakistan which changed criteria for auction of different articles available in Tosha Khana ---Validity---Inalienable right of every citizen to be treated in accordance with law and no action detrimental to his life, liberty, reputation or property can be taken except as per law---auction notice/advertisement in question infringed fundamental rights of petitioner---Courts are custodian of fundamental rights of citizens and protectors of civil liberties---Constitution makes it imperative upon the Court to pass orders and issue directions in case of breach---Basic human rights of life, liberty and enjoyment of one's property has been recognized nationally as well as internationally---Word 'life' in the Constitution has not been used in a limited manner---Right to life under art. 9 of the Constitution includes all such amenities and facilities which a person born in a free country is entitled to enjoy legally and Constitutionally with dignity---High Court declared notifications U.O. No.8/5/2017-TK, dated 18-12-2018 and U.O. No.8/2/2020-TK, dated 26-10-2020 both issued by Cabinet Division, Government of Pakistan, ultra vires of the Constitution and were set aside as the same were against arts. 4, 9, 14 & 25 of the Constitution---High Court directed Federal Government to formulate new policy or lay down an enactment to regulate auction proceedings for the articles of Tosha Khana---High Court further directed Federal Government to ensure that new policy or enactment would be within the parameters of law and Constitution---Constitutional petition was allowed accordingly.

SHAHZANA KAZMI vs FEDERATION OF PAKISTAN through Secretary Islamabad arts — 2021 PLD 823 LAHORE-HIGH-COURT-LAHORE

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