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Citation Name: 2023 YLR 64 LAHORE-HIGH-COURT-LAHOREBookmark this Case MANZOOR HUSSAIN vs GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore S — 2023 YLR 64 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLR 64 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
YLR
Parties
Citation Name: 2023 YLR 64 LAHORE-HIGH-COURT-LAHOREBookmark this Case MANZOOR HUSSAIN vs GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore S
Subject matter
Criminal
Provisions referred to
S. 24-; S. 16---C

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 YLR 64 LAHORE-HIGH-COURT-LAHOREBookmark this Case MANZOOR HUSSAIN VS GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore S. 24-a---Speaking orders---Scope---any reasonable exercise that attempts to address an issue must contain independent reasons for reaching a conclusion, especially so if exercise is mandated by statute---Reasons given for a decision explain justification or logic for such decision---Reasons provide solace to the person against whom a decision has been rendered about the decision not been fanciful, whimsical or arbitrary. Citation Name: 2023 YLR 64 LAHORE-HIGH-COURT-LAHOREBookmark this Case MANZOOR HUSSAIN VS GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore Fundamental rights---Enforcement---Administrative instructions or administrative guidelines or even Standard Operating Procedures without requisite legal backing cannot be allowed to make inroads in and dilute fundamental rights as contained in the Constitution---Administrative instructions are neither laws nor rules and these can only be subservient to laws and rules and, therefore, cannot be allowed to dilute the allowance and freedom afforded by the Constitution. Citation Name: 2023 YLR 64 LAHORE-HIGH-COURT-LAHOREBookmark this Case MANZOOR HUSSAIN VS GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore S. 16---Constitution of Pakistan, Arts.20 & 199---Constitutional petition---Freedom of religion---Religious congregation---Petitioner was from Fiqa-e-Jafria who was aggrieved of denial of authorities to hold Majlis-e-Aza (religious congregation) within the precincts of his property where residents were of his sect---Validity---Authorities denied petitioner an unqualified enjoyment of his right to profess, affirm or propagate his faith or to freely show allegiance to his religious beliefs---Such denial was on the basis of set of guidelines with no statutory backing---Petitioner's application was neither motivated by malice nor rooted in an ulterior aim---Community represented by petitioner had interests that were not at odds with those of the petitioner---Permission should not have been withheld especially because the petitioner when he had agreed and willing to abide by, follow and carry out, security instructions prescribed by the authorities, if he was granted requisite permission---High Court set aside the order passed by authorities and matter was remanded to Deputy commissioner so as to be considered afresh by him after providing an opportunity of hearing to petitioner in the matter---Constitutional petition was allowed accordingly. Citation Name: 2023 YLR 64 LAHORE-HIGH-COURT-LAHOREBookmark this Case MANZOOR HUSSAIN VS GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore Regulations--- Fundamental rights, exercise of---Principle---In the context of exercise of fundamental rights, regulation can never mean total prohibition---By way of and for the purpose of regulating a right, regulations which are so intrusive so as to take away, deny and prohibit enjoyment of right in question cannot be imposed even by law. Citation Name: 2023 YLR 64 LAHORE-HIGH-COURT-LAHOREBookmark this Case MANZOOR HUSSAIN VS GOVERNMENT OF PUNJAB through Chief Secretary, Punjab Lahore "Law"---Connotation---Law means law made by Parliament or a Provincial Assembly and not administrative instructions, Standard Operating Procedures, guidelines or closet memorandums without any statutory backing.

Other judgments reported in 2023 YLR

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