AHMAD OMAR SHEIKH vs GOVERNMENT OF SINDH through Chief Secretary Preamble, Arts

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AHMAD OMAR SHEIKH VS GOVERNMENT OF SINDH through Chief Secretary Preamble, Arts. 2A, 4, 8, 9, 10, 10A, 14, 15 & 25---Right of individuals to be dealt in accordance with law---Laws inconsistent with or in derogation of Fundamental Rights to be void---Security of person---Safeguards as to arrest and detention--- Right to fair trial---Inviolability of dignity of man---Freedom of movement---Equality of citizens---Scope---Pakistan is governed by the Constitution as amended from time to time which is a blend of secular law and Islamic law as is made clear by both the Preamble of the Constitution and the Objectives Resolution at Art. 2-A which form a part of the Constitution---When the Constitution is read in a holistic manner it is apparent that the form of Government in Pakistan is one of parliamentary democracy based on the trichotomy of powers between the Executive, Legislature and the judiciary where checks and balances on each organ's powers are ensured by the other organs of the State---Constitution through numerous of its Articles ensures the independence of the Judiciary and the rule of law and the due process rights of its citizens as would be expected in any civilized society and Islamic welfare State---One of the key attributes of the Constitution is that it seeks to protect and safeguard the rights of the individual from misuse or abuse of executive power and does so by enshrining a number of fundamental rights which are found in Chapter one of the Constitution which aims to strike a fair balance in respect of legal and legitimate preventive detention of citizens in appropriate cases in the interest of the State based on sound reasons and prevent such detention being misused for ulterior purposes by the executive.

AHMAD OMAR SHEIKH vs GOVERNMENT OF SINDH through Chief Secretary Preamble, Arts — 2022 YLR 217 KARACHI-HIGH-COURT-SINDH

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