MUHAMMAD NAWAZ vs ADDITIONAL DISTRICT AND SESSIONS JUDGE arts — 2023 PLD 461 SUPREME-COURT

Case information

Citation: 2023 PLD 461 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: MUHAMMAD NAWAZ vs ADDITIONAL DISTRICT AND SESSIONS JUDGE arts
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

MUHAMMAD NAWAZ VS ADDITIONAL DISTRICT AND SESSIONS JUDGE arts. 9 & 14---Parentage, determination of---Deoxyribonucleic acid test ('DNa test')---DNa test cannot be conducted without consent of the party in civil cases---Conducting of the DNa test of a person, without his consent, infringes his fundamental rights to liberty and privacy guaranteed by articles 9 and 14 of the Constitution---Unauthorized collection of someone's DNa can be considered a violation of their privacy, autonomy and freedom---In a civil case, if the person upon whom the onus to prove his genetic relationship with another person lies, does not give consent for his DNa test, and thus withholds such evidence, the court may draw an adverse presumption against the claim of such person and presume that such evidence, if produced, would be unfavourable to him, as per article 129(g) of the Qanun-e-Shahadat, 1984---However such presumption was permissive but not obligatory.

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