Citation Name: 2023 PLD 352 LAHORE-HIGH-COURT-LAHOREBookmark this Case EHSAN ULLAH vs FEDERATION OF PAKISTAN through Secretary Finance, Islamabad Ss — 2023 PLD 352 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 352 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: Citation Name: 2023 PLD 352 LAHORE-HIGH-COURT-LAHOREBookmark this Case EHSAN ULLAH vs FEDERATION OF PAKISTAN through Secretary Finance, Islamabad Ss
Subject matter: Constitutional
Provisions referred to: S. 18; S. 21; S. 22

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 352 LAHORE-HIGH-COURT-LAHOREBookmark this Case EHSAN ULLAH VS FEDERATION OF PAKISTAN through Secretary Finance, Islamabad Ss. 18, 21 & 22---Constitution of Pakistan, Arts.4, 10A, 19A & 199---Constitutional petition---Show-cause notice---Pre-conditions---Failure to give mandatory details---Benami transaction---Proof---Calling for information---Petitioner was served with summons by authorities for holding Benami properties in his name---Validity---No incriminating material was confronted in summons and no notice or proceedings under Ss. 18, 21 & 22 of Benami Transactions (Prohibition) Act, 2017, respectively were disclosed---Powers under S. 18 of Benami Transactions (Prohibition) Act, 2017, could be exercised only after taking cognizance of the matter under the law---At initial stage summons were not envisaged under S. 21 of Benami Transactions (Prohibition) Act, 2017---After insertion of Arts. 19A & 10A in the Constitution, it could not be termed as notice under S. 22 of Benami Transactions (Prohibition) Act, 2017---It was fundamental right of a person proceeded against under law that information regarding mandatory proceedings and necessary information/material requiring action under the law was duly provided and confronted in show-cause notice---Any notice proposing legal action under the law was not enforceable if it lacked mandatory details---High Court declared that summons for calling petitioner to give statement and affidavit was without jurisdiction and in absence of any lawful authority---Constitutional petition was allowed accordingly.

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