MR.LLB

28/05/2024

The term "Qatl" in the context of the Holy Quran refers to the act of killing or taking someone's life. The Quran addresses various aspects of this act, including the prohibition of unjust killing and the value of human life. It emphasizes the sanctity of life and generally condemns the taking of innocent lives, while allowing for self-defense and justifiable circumstances. Various verses in the Quran address the concept of Qatl and the moral and legal principles surrounding it.

In the Holy Quran, punishments for taking a life, known as "Qisas," are outlined as a means of seeking justice for the victim and their family. The Quran mentions the concept of Qisas in several verses, primarily in the context of legal and ethical guidelines.

One notable verse regarding Qisas can be found in Surah Al-Baqarah (2:178-179), which states that there is a legal and moral prescription for seeking retribution in cases of murder. However, it also encourages forgiveness and pardoning as a superior option, and this is often highlighted as a more merciful approach.

Islamic jurisprudence and legal systems in Muslim-majority countries may incorporate these Quranic principles into their laws, with punishments and procedures varying by jurisdiction and interpretation. It is important to note that these punishments are subject to the legal systems of individual countries and the interpretation of Islamic law by scholars.

28/05/2024

RIGHTS IN CONSTITUTION
OF PAKISTAN 1973

The Constitution of Pakistan guarantees various fundamental rights to its citizens. Some of the key rights enshrined in the constitution are:

1. Right to life and liberty (Article 9)

2. Right to freedom of speech, expression, and the press (Article 19)

3. Right to peaceful assembly and association (Article 16)

4. Right to freedom of religion (Article 20)

5. Right to education (Article 25A)

6. Right to equality before the law (Article 25)

7. Right to due process of law (Article 10)

8. Right to fair trial (Article 10A)

9. Protection against slavery, forced labor, and child labor (Article 11)

10. Protection against discrimination on the basis of s*x, religion, caste, or race (Article 27)

11.The right to property,

12.The right to privacy

13.The right to a clean and healthy environment.

1.Right to life and liberty (Article 9)

Article 9 of the Constitution of Pakistan states:

"Security of person. No person shall be deprived of life or liberty save in accordance with law."

This article ensures that every individual has the right to life and liberty, and that no one can be deprived of these rights except in accordance with the law. It is a fundamental right that is essential to the protection of human dignity and serves as a cornerstone of the legal system in Pakistan.

The article also requires that any deprivation of life or liberty must be done in accordance with the law, which means that the government must follow legal procedures and adhere to due process when imposing any restrictions on a person's freedom or taking their life. This helps to ensure that the government does not abuse its power and that individuals are protected from arbitrary or unjust actions by the state.

2. Right to freedom of speech, expression, and the press (Article 19)

Article 19 of the Constitution of Pakistan guarantees the following fundamental rights:

"Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defense of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence."

This article ensures that every citizen of Pakistan has the right to freedom of speech and expression, including the freedom of the press. However, this freedom is subject to reasonable restrictions imposed by law in the interest of various factors listed in the article, including the integrity, security, and defense of Pakistan, public order, and morality, among others.

The article recognizes the importance of protecting the interests of the state and society while also upholding the individual's right to express themselves freely. It also acknowledges that certain restrictions on this right may be necessary in certain circumstances, such as to prevent hate speech or incitement to violence.

Overall, Article 19 is a crucial protection of the freedom of speech and expression, and its restrictions are carefully balanced to ensure that the interests of the state and society are protected without unduly limiting the rights of individuals.

3. Right to peaceful assembly and association (Article 16)

Article 16 of the Constitution of Pakistan states:

"Freedom of assembly. Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order, decency or morality."

This article guarantees the right of every citizen of Pakistan to assemble peacefully without arms. It recognizes that the right to peaceful assembly is essential to the functioning of a democratic society, and allows individuals to come together and express their views, opinions, and grievances.

However, this right is subject to reasonable restrictions imposed by law in the interest of public order, decency or morality. This means that the government may impose restrictions on the right to peaceful assembly if it is necessary to maintain public order or prevent any indecent or immoral activities.

Overall, Article 16 is an important protection of the right to peaceful assembly, and its restrictions are necessary to ensure that the exercise of this right does not harm the public interest or violate the rights of others.

4. Right to freedom of religion (Article 20)

Article 20 of the Constitution of Pakistan states:

"Freedom to profess religion and to manage religious institutions. Subject to law, public order, and morality:

(a) Every citizen shall have the right to profess, practice, and propagate his religion; and
(b) Every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions."

This article guarantees the freedom of religion to all citizens of Pakistan. It ensures that every citizen has the right to profess, practice, and propagate their religion, and every religious denomination and sect has the right to establish, maintain, and manage its religious institutions.

However, this freedom is subject to law, public order, and morality. This means that the government may impose reasonable restrictions on the freedom of religion in order to maintain public order or prevent any activities that may be considered immoral.

Overall, Article 20 is an important protection of the freedom of religion and ensures that every citizen has the right to practice and profess their religion without interference from the state or other individuals. It also recognizes the importance of religious institutions and allows religious denominations and sects to establish and maintain their institutions.

5. Right to education (Article 25A)

Article 25A of the Constitution of Pakistan states:

"Right to education. The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law."

This article guarantees the right to education for all children in Pakistan between the ages of five and sixteen. It obligates the state to provide free and compulsory education to every child, without discrimination of any kind, in a manner determined by law.

This article recognizes the importance of education as a fundamental right and ensures that every child in Pakistan has access to education, regardless of their background or financial situation. It is essential to promoting equality, fostering social and economic development, and building a strong and vibrant democracy.

Overall, Article 25A is an important provision in the Constitution of Pakistan that recognizes the importance of education and ensures that every child in the country has the opportunity to receive an education.

6. Right to equality before the law (Article 25)

Article 25 of the Constitution of Pakistan states:

"Equality of citizens. (1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of s*x alone.
(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children."

This article guarantees the principle of equality to all citizens of Pakistan. It ensures that all citizens are equal before the law and are entitled to equal protection of the law, regardless of their gender, race, religion, or social status.

Additionally, the article specifically prohibits discrimination on the basis of s*x alone. It recognizes the need to prevent gender-based discrimination, which is an important issue in many societies, including Pakistan.

However, the article also recognizes that the State may need to make special provisions for the protection of women and children. This provision acknowledges the need for affirmative action to address historical discrimination and promote greater equality and protection for women and children.

Overall, Article 25 is a crucial provision in the Constitution of Pakistan that guarantees equality before the law and prohibits discrimination on the basis of s*x alone. It recognizes the importance of promoting gender equality while also acknowledging the need for affirmative action to address historical discrimination and promote greater protection for vulnerable groups.

7. Right to due process of law (Article 10)

Article 10 of the Constitution of Pakistan states:

"Safeguards as to arrest and detention. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan."

This article provides safeguards against arbitrary arrest and detention in Pakistan. It guarantees that anyone who is arrested must be informed of the reasons for their arrest and must be allowed to consult with and be defended by a legal practitioner of their choice. Additionally, it requires that any person who is arrested and detained in custody must be produced before a magistrate within 24 hours of their arrest, and cannot be held in custody beyond that period without the authority of a magistrate.

However, this article does not apply to any person who is arrested or detained under a law providing for preventive detention. Preventive detention allows the government to detain individuals without charge or trial, and is typically used to prevent the commission of certain crimes or to deal with threats to national security. The article also specifies that no law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan.

Overall, Article 10 is an important safeguard against arbitrary arrest and detention, and ensures that individuals who are arrested are informed of the reasons for their arrest and have access to legal representation. However, the provision for preventive detention is a controversial issue, and some have argued that it can be used to curtail civil liberties and violate human rights.

8. Right to fair trial (Article 10A)

Article 10A of the Constitution of Pakistan states:

"Right to a fair trial. (1) For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.
(2) Every person shall be presumed innocent until proven guilty before a court of law.
(3) Every accused person shall have the right to a fair trial, including the right to be heard and to have legal representation.
(4) No law shall authorize the punishment of a person:-
(a) who is not guilty of an offence punishable under that law; or
(b) by a heavier punishment than what was applicable at the time of the commission of the offence.
(5) No person shall be subjected to torture for the purpose of extracting evidence."

This article guarantees the right to a fair trial for all individuals in Pakistan, whether they are facing civil or criminal charges. It ensures that every person is entitled to due process and a fair trial before a court of law.

Additionally, the article stipulates that every person is presumed innocent until proven guilty, and that every accused person has the right to be heard and to have legal representation. This means that individuals cannot be punished without a fair trial and due process, and that they have the right to defend themselves against any charges brought against them.

The article also prohibits the punishment of a person who is not guilty of an offense punishable under the law, and ensures that no person can be subjected to torture for the purpose of extracting evidence. These provisions are crucial in protecting the rights of individuals and ensuring that justice is served in a fair and equitable manner.

Overall, Article 10A is an important provision in the Constitution of Pakistan that guarantees the right to a fair trial and due process for all individuals, and prohibits the use of torture and punishment of innocent individuals.

9. Protection against slavery, forced labor, and child labor (Article 11)

Article 11 of the Constitution of Pakistan states:

"Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form."

This article prohibits slavery in Pakistan and declares that it is non-existent and forbidden. It also states that no law shall permit or facilitate the introduction of slavery into Pakistan in any form.

This provision is important in ensuring that human rights are protected in Pakistan and that individuals are not subjected to forced labor or any other form of slavery. It is also in line with international human rights standards, including the Universal Declaration of Human Rights, which declares that "no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms."

Overall, Article 11 reflects Pakistan's commitment to upholding human rights and ensuring that individuals are not subjected to any form of slavery or forced labor.

10. Protection against discrimination on the basis of s*x, religion, caste, or race (Article 27)

Article 27 of the Constitution of Pakistan states:

"Safeguard against discrimination in services. (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, s*x, residence or place of birth:
Provided that, for a period not exceeding forty years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan.
(2) Nothing in clause (1) shall prevent any Provincial Government, or any local authority, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence within that Province or locality, prior service in that Government or authority, and the like, for a period not exceeding five years preceding the appointment."

This article provides safeguards against discrimination in the appointment of citizens to the services of Pakistan. It states that no citizen who is otherwise qualified for appointment in the service of Pakistan can be discriminated against in respect of any such appointment on the grounds of race, religion, caste, s*x, residence, or place of birth.

The article also allows for posts to be reserved for persons belonging to any class or area to ensure their adequate representation in the service of Pakistan, for a period not exceeding forty years from the commencing day. This provision is intended to address historical imbalances and ensure that marginalized groups have equal opportunities for employment and representation in the public services of Pakistan.

However, the article also specifies that nothing in clause (1) shall prevent any provincial government or local authority from prescribing conditions related to residence or prior service for a period not exceeding five years preceding the appointment, in relation to any post or class of service under that government or authority.

Overall, Article 27 is an important provision in the Constitution of Pakistan that provides safeguards against discrimination in the appointment of citizens to the services of Pakistan, while also allowing for affirmative action measures to ensure adequate representation of marginalized groups.

11.The right to property (Article 23)

The right to property was guaranteed under Article 23 of the Constitution of Pakistan, which was amended in 1973. However, this article was repealed through the 18th Amendment to the Constitution in 2010.

Currently, the Constitution of Pakistan does not explicitly guarantee the right to property as a fundamental right. However, Article 24 of the Constitution provides some protection for property by stating that "no person shall be deprived of his property save in accordance with law." This provision means that the government can take away an individual's property only if it is done in accordance with the law, such as through a process of compulsory acquisition with fair compensation.

Additionally, the Constitution of Pakistan provides protection against arbitrary confiscation of property through Article 4, which guarantees the right to the protection of law, and Article 9, which ensures the right to life, liberty and property.

Overall, while the Constitution of Pakistan does not explicitly guarantee the right to property as a fundamental right, it does provide some protection for property through Article 24 and other related provisions.

12.The right to privacy

The right to privacy is not explicitly mentioned in the Constitution of Pakistan. However, it has been interpreted by the Supreme Court of Pakistan as an implied right under Article 14(1) of the Constitution, which guarantees the right to dignity of man.

In the landmark case of Benazir Bhutto v. Federation of Pakistan (PLD 1988 SC 416), the Supreme Court held that the right to privacy is an essential ingredient of the right to dignity, and that it is a fundamental right which is necessary for the full development of human personality. The Court further stated that the right to privacy is not an absolute right, and may be subject to reasonable restrictions imposed by law for the protection of the interests of the state, public order, or morality.

Since then, the right to privacy has been invoked in various cases in Pakistan, particularly in cases related to the collection and use of personal information, surveillance, and interception of communications. The Supreme Court has generally upheld the right to privacy in these cases, emphasizing that any restriction on this right must be proportional to the legitimate aim sought to be achieved, and must be accompanied by adequate procedural safeguards.

Overall, while the right to privacy is not explicitly mentioned in the Constitution of Pakistan, it has been recognized as an implied right under Article 14(1) of the Constitution, and has been upheld by the courts as a fundamental right.

13.The right to a clean and healthy environment

The right to a clean and healthy environment is also not explicitly mentioned in the Constitution of Pakistan. However, it has been recognized as a fundamental right by the courts through the interpretation of various provisions of the Constitution, including Article 9, which guarantees the right to life, liberty and security of person, and Article 38(a), which obligates the state to promote the social and economic well-being of the people.

In particular, the Supreme Court of Pakistan has held that the right to a clean and healthy environment is an essential part of the right to life guaranteed under Article 9 of the Constitution. In the case of Shehla Zia v. WAPDA (PLD 1994 SC 693), the Court held that the right to life includes the right to a healthy environment, and that the state has a duty to protect and preserve the environment for the benefit of the people.

Moreover, the Constitution of Pakistan provides a framework for environmental protection through various provisions, including Article 18, which obligates the state to "eliminate all forms of exploitation and the customary rights of the people relating to the ownership, access, use and enjoyment of land, water, forest and other natural resources," and Article 19, which guarantees the freedom of speech and expression, including the right to seek, receive and impart information.

Overall, while the right to a clean and healthy environment is not explicitly mentioned in the Constitution of Pakistan, it has been recognized as a fundamental right by the courts, and is supported by various provisions of the Constitution that seek to protect and preserve the environment for the benefit of the people.

28/05/2024

Disqualification for membership
of parliament

According to the Constitution of Pakistan (1973), disqualification for membership of parliament can occur under various circumstances. Here are the key points regarding disqualification for membership of parliament in Pakistan:

1. Dual citizenship: A person holding dual citizenship, i.e., being a citizen of Pakistan and another country, is disqualified from being a member of parliament.

2. Mental incapacity: A person who has been declared mentally incapable by a competent court is disqualified from becoming a member of parliament.

3. Criminal conviction: A person who has been convicted of a crime involving moral turpitude or has been sentenced to imprisonment for a period of two years or more is disqualified from being a member of parliament. This disqualification remains in effect for five years after the individual's release.

4. Loan default: If a person has defaulted on a loan obtained from any bank, financial institution, or cooperative society, and has failed to repay the loan within a specified period, they may be disqualified from being a member of parliament.

5. Non-payment of taxes: If a person fails to pay their due taxes, including income tax, agricultural income tax, or any other tax imposed by the federal or provincial government, and the amount remains unpaid for more than 120 days, they may be disqualified from being a member of parliament.

6. Disloyalty to the state: A person who has been convicted of treason or has been found guilty of propagating any opinion or act that undermines the sovereignty, integrity, or security of Pakistan can be disqualified from being a member of parliament.

7. Undischarged insolvent: An individual who has been declared an undischarged insolvent by a court and their insolvency proceedings are ongoing is disqualified from being a member of parliament.

8. Office of profit: If a member of parliament holds any office of profit in the service of Pakistan or any statutory body or a corporation established by the government, they may be disqualified from holding a seat in parliament.

9. Election malpractice: If a member of parliament is found guilty of corrupt or illegal practices in connection with an election, their seat may be declared vacant, resulting in disqualification.

10. Party defection: In some cases, the political party to which a member of parliament belongs may have rules regarding party defection. If a member violates these rules, they may be disqualified from being a member of parliament as per party regulations.

It is important to note that these points provide a general overview of the disqualification criteria for membership of parliament in Pakistan. The Constitution and relevant laws may have further details and specific provisions related to disqualification, which may be subject to change or amendment over time.

28/05/2024

Law is a system of rules that a society or government develops to deal with crimes, business agreements, and social relationships. The main purpose of law is to ensure justice and fairness in society. It provides guidelines for what is acceptable behavior and sets consequences for those who break the rules. Laws can be created by governments, societies, and even international bodies.

One of the primary functions of law is to maintain order. Without laws, society would be chaotic, and people would not feel safe. Laws protect our rights and freedoms. For example, traffic laws help prevent accidents and keep the roads safe for everyone. Criminal laws prevent and punish actions like theft, assault, and murder, ensuring that people can live without fear of harm.

Laws also play a crucial role in resolving disputes. When disagreements arise, the law provides a structured way to address and resolve these conflicts. This can happen in courts, where judges and juries examine evidence and make decisions based on the law. This process ensures that disputes are settled fairly and consistently.

Furthermore, law promotes social justice by protecting the vulnerable and ensuring equal treatment for all. Anti-discrimination laws, for instance, prevent unfair treatment based on race, gender, or religion. Labor laws protect workers from exploitation and ensure they are paid fairly. Environmental laws help protect our planet for future generations.

The creation of laws involves several steps. First, a need for a new law is identified, often due to changes in society or technology. Legislators then draft the law, which must be debated and approved by a government body, such as a parliament or congress. Once approved, the law is enforced by various agencies, such as the police. The judiciary interprets and applies the law in individual cases, ensuring that it is followed correctly.

In modern societies, laws are complex and cover many aspects of life, from business practices to personal behavior. They are constantly evolving to meet new challenges and reflect changing values. For example, laws about digital privacy have become increasingly important in the internet age.

In summary, law is essential for maintaining order, resolving disputes, and promoting justice in society. It protects our rights and ensures fairness, enabling us to live together peacefully. While laws can be complex, their ultimate goal is to create a safe, fair, and just society for everyone.

25/02/2024

24/02/2024

PBC strongly condemns slanderous campaign against CJP Isa
"The court’s decision can’t be allowed to be used for political gains," says top lawyers' body

The Pakistan Bar Council (PBC) has strongly condemned the "malicious and slanderous campaign" against the Chief Justice of Pakistan (CJP) Qazi Faez Isa.

In a statement issued on Thursday, PBC Vice Chairman Riazat Ali Sahar and Chairman Executive Committee Farooq Hamid Naik said the campaign was designed to bring the Supreme Court into disrepute and make the CJP vulnerable by deliberately attempting to distort a decision of the Supreme Court.

The PBC statement referred to the SC order issued by a bench comprising CJP Isa and Justice Mussarat Hilali on a set of appeals filed by petitioner Mubarik Ahmad Sani against an order of the Lahore High Court order.

Sani was accused of distributing/disseminating a proscribed book, Tafseer-e-Sagheer, which as per the prosecution, was an offence under the Punjab Holy Quran (Printing and Recording) (Amendment) Act enforced in 2021. However, the FIR alleged that he had done the act in 2019 when it was not an offence.

"The court’s decision can’t be allowed to be used for political gains and some elements have used completely false and forged information to incite violence and hatred," the top lawyers' body said.

The PBC demanded urgent and robust action against all those involved in this dangerous and nefarious campaign to malign the judicial system and create mistrust in judges "so as to erode independence of judiciary which tantamount to creating obstacles in progress of Pakistan and tarnishing image of Pakistan".

Earlier today. the apex court slammed the “organised campaign” against judges as “unfortunate”, noting that directly attacking the jurors was against freedom of expression.

The top court lamented that in dealing with cases pertaining to offences against religion facts give way to emotions, and Islamic commands are not heeded.

“Confusion is spreading due to the erroneous reporting on print, social, and electronic media about an order. An impression is being given that the Supreme Court has deviated from the Constitution’s definition of a Muslim and also called for ending the punishments for religious offences under the Pakistan Penal Code,” it added. “This impression is totally wrong.”

The statement mentioned that the top court had noted in the aforementioned case, the judges had noted that even if all the offences included in the FIR were accepted as they were, they were not applicable to the petitioner.