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AZHAR ABBAS HAIDERI vs GOVERNMENT OF THE PUNJAB art — 2022 PLD 278 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 278 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
AZHAR ABBAS HAIDERI vs GOVERNMENT OF THE PUNJAB 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

AZHAR ABBAS HAIDERI VS GOVERNMENT OF THE PUNJAB art. 20---Freedom to profess religion and to manage religious institutions---Scope---article 20 of the Constitution forms the part of Chapter 1, Part-II of the Constitution comprising of fundamental rights pledged to the citizens that every citizen shall have the right to profess, practice and propagate his religion---However, it was imperative to note that the recognition of right of religion, professing and propagation thereof was not unbounded and absolute rather art. 20 of the Constitution had unequivocally stipulated that the exercise of said right was always dependent and contingent on three basic requirements/ factors i.e., subject to law, public order and morality---Significance of said three qualifying criterions could be best understood from the fact that from all other articles of Part-II, Chapters 1 & 2, which dealt with the Fundamental Rights, art. 20 was the only one which began with the phrase "subject to law, public order and morality"---Qualifier phrase used in the beginning of the art. 20 of the Constitution, further laid stress on the point that the given right to profess, practice and propagate religion was guaranteed and available to such an extent that did not run contrary or cause prejudice to all the said three determinatives, which in fact struck a balance between individual freedom and collective liberties on the touchstone of mutual respect, forbearance, peace and tranquility---It was otherwise open to the Constitution to say that a power granted by it might be regulated by a validly and competently enacted law by the Legislature.

Other judgments reported in 2022 PLD

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