Pakistan Case Law
1997 SCMR 1434

FAROOQ WELFARE CENTRE, RAWALPINDI Through Chairman vs PAKISTAN

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Citation1997 SCMR 1434
CourtSupreme Court of Pakistan
Case No.Human Rights Case No. 12 of 1993
Date1994-04-03
Judge(s)Saad Saood Jan, Muhammad Rafique Tarar and Saleem Akhtar
ResultPetition dismissed
Summary

The Supreme Court of Pakistan considered a petition filed by Farooq Welfare Centre, Rawalpindi. The core legal question was whether the petition pertained to the infringement of Fundamental Rights as enumerated in Chapter 1 of Part II of the Constitution. The Court held that the petition did not relate to any such infringement and, consequently, dismissed it. The key principle laid down was that for a petition to be maintainable on grounds of Fundamental Rights, it must directly involve their infringement. Despite the dismissal, the Court issued an observation, suggesting that Television Authorities should not be prevented from performing the public service of tracing lost children, even though the petition itself was not found to be within the ambit of Fundamental Rights.

Questions settled in this judgment
  • Is a petition maintainable under Chapter 1 of Part II of the Constitution if it does not relate to the infringement of Fundamental Rights?
  • Can the Supreme Court, while dismissing a petition, issue an observation regarding public service?
Laws & provisions referred
  • Chapter 1 of Part II, Constitution of Pakistan 1973
Fundamental RightsConstitutional petitionDismissal of petitionPublic serviceLost childrenTelevision Authorities

ORDER

1. This petition does not relate to infringement of any of the Fundamental Rights as contained in Chapter 1 of Part II of the Constitution. It is dismissed as such. However, the dismissal of the petition should not prevent the Television Authorities from performing a public service that is aimed at tracing lost children.

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