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Citation Name: 2023 PLD 178 PESHAWAR-HIGH-COURTBookmark this Case FARMAN SHAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA art — 2023 PLD 178 PESHAWAR-HIGH-COURT

Case information

Citation
2023 PLD 178 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
PLD
Parties
Citation Name: 2023 PLD 178 PESHAWAR-HIGH-COURTBookmark this Case FARMAN SHAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA 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

Citation Name: 2023 PLD 178 PESHAWAR-HIGH-COURTBookmark this Case FARMAN SHAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA art. 9---Security of person---Government hospitals---Right to medical treatment---Scope---Word life is very significant as it covers all facets of human existence and a person is entitled to protection of life in terms of art. 9 of the Constitution---State has to protect its citizens by providing adequate medical facilities and it is an essential part of obligations undertaken by Government in a welfare State---Government discharges its obligations by running hospitals and health centers, which provide medical care to a person seeking to avail those facilities---Preservation and protection of human life is thus of paramount importance---Government hospitals run by the State and medical officers employed therein are duty bound to extend medical assistance for preserving human life and failure on the part of the Government hospital to provide timely medical treatment to a person in need of such treatment would result in violation of his right to life guaranteed under the Constitution. Citation Name: 2023 PLD 178 PESHAWAR-HIGH-COURTBookmark this Case FARMAN SHAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA art. 199---Constitutional jurisdiction of High Court---Scope---Plain reading of art. 199 of the Constitution reflects that there are three main parts noted in its sub-article (1)---Clause (a) of sub-article (1) confers jurisdiction upon the High Court with regard to writ of mandamus, certiorari and prohibition and in clause (b) habeas corpus and writ of quo warranto is provided, while in clause (c) jurisdiction to enforce the fundamental rights, provided by Chapter 1 of Part II of the Constitution, has been conferred to the High Court---In sub-clause (i) of clause (a) of sub-article (1), a declaration or direction can be sought by a party who is aggrieved by an act or proceedings taken by a person performing functions in connection with the affairs of Federation or Province or a local authority.

Other judgments reported in 2023 PLD

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