ite at ZSout 02-00.hours, four ‘Adul Khaliq Soomro, after sther-in-law of Abdul Khaliq sre also sleeping in the same said persons forced their entry a were lying in. an almirah ul Quddus tried to resist them 1 the latter died on account of tus got his further statement information received by him anspired that the alleged crime © the commission of the said ‘ife of the deceased, had been {got statement of ‘one Kher 1 the petitioner had been seen lig at the time of the alleged ‘of Kher Muhammad was also « bail applications respectively Sourt and then before the High 4 for the petitioner, has inter not originally transpire in the etitioner was involved in the |,. cond version. the prosecution ly given by the petitioner to réing to the learned counsel it ‘of evidence to connect the the learned counsel, the case the High Court was in error stitioner. by Mr. Saleem Samo, learned Lin view of the eizcumstances, | g ctitioner is enlarged on bail in ties Ingggg Tike amount 10 the Bail allowed \ | t 19991 Al-Jehad Trust v, Federation of Pakistan 1379 (Ajmal Mian, C3) 1999. SC MR 1379 {Supreme Court of Pakistan) . Present: Ajmal tian, C.J., Muhammad Bashir Jehangiri, Menor Kazi, Ch, Muhammad Arif and soeef Munir, Sheikh, 11 ALHEHAD TRUST through Habibul Wahab Al-Khoiri, Advocate and 9 others--Pelitioners FEDERATION OF PAKISTAN through Secretary, Minisicy.of Kashmir Affairs, Islamabad and 3 others-~-Respondents Constitutional Petitions Nos. [1 and 17 of 1994, decided on 28th May, 1999. (Petitions under Article 184(3) of the Constitution of the Islamic Ropubli¢ of Pakistan) (a) Constitution of Pakistan (1973)— Ant, 184G)--Territories of Pakistan=-Constitutional petition before Supreme Court under Ant 184 (3). Constitution of Pakistan (1973)—Executive authority of the St of its sovereign power, has the right to say as to which territory it has recognised as a part of its State and the Courts are bound ta accept such position-—-If the Courts felt any doubt with regard to the status of such a territory then it was incumbent upon them to make a reference to the Government and to accept its opinion---Courts, however, will have jurisdiction in acase in which the Gaverament unconstitutionally wants to cede 2 portion of the teritory, which is admittedly a part of the territory of Pakistan to a foreign country. {p- 1390} A (0) Constitution of Pakistaw (1973) Act. 184(3)---Consttutiona petition before Supreme Cour of Pakistan under An. I81G), Constitution of Pakistan---Majntainability--Questions were #5 (0 whether the people of Northern Areas had the Fight to invoke fundamental rights under the Constitution and that federation was not discharging its Constitutional duty by denying the fundamenlat rights to the people of Northern Areas, such questions being of public imporisuce relating 0 enforcement of fundamental 1d in Chop. # of Part If of the Constivetion Supreme Court had the Constitutional petition under Art. 184(3) of the: i 1380 ‘Supreme Court Monthly Review [Vol. XXXII (© Constitution of Pakistan (1973)- Arts. 9, 10, 11, 12, 13, 14, 21, 22 & 24-—-Articles 9, 10, 11, 12, 13, 14, 21, 22 & 24 do not make any distinction between a citizen and non-citizen as these ‘Articles speak of "a person’. {p. 1392] C (¢) Constitution of Pakistan (1973)— eesti 15, 16, 17, 18, 19, 20, 23 & 25-—-Articles 15, 16, 17, 18, 19, 20, 23 & 25 can be pressed into service by a citizen only. Ip. 1392] C (©) Constitution of Pakistan (1973)— ss-Aris, 1, 2A, 17 & Pait Il, Chap. 1~—-People of Northem Areas are citizens of Pakistan, forall intents and purposes and like other citizens have the right 10 invoke any of the fundamental rights and liable to pay taxes and other levies competently imposed--Said people are also entitled to participate in the ‘governance of their area and (0 have an independent judiciary to enforce, inter alia, the fundamental rights-~-Supreme Court directed the Federation of Pakistan to initiate appropriate administrative/legislative measures, with a period of six months from 28-5-1999 to make necessary enactments in the Constitution relevant siatute/statutes/order/orders/rules/notifieation/notifications, to ensure that the people of Northern Arcas enjoy their fundamental rights, namely, 0 be governed through their chosen representatives and to have access to justice through. an independent judiciary, inter alia, for enforcement of their fundamental rights guaranteed under the Constitution, It is not understandable on what basis the people of Northern Areas can be denied the fundamental rights guaranteed under the Constitution. There fare two categories of fundamental rights, namely, the first category consists of: (“Article 9 (pertaining so security of person). (ii) Article 10 Grelting to safeguards a8 to arrest and detention of person) (ii) Article 11 (slavery, forced fabour, ete. ave been prohibited under it) tiv) Article 12 (eating (o protection against retrospective punishment) (v) Article 13 (pertaining to protection against double punishment and self- inerimination), (vi). Article 14 Gclating to inviolabilty of dignity of man, ee.) (vii) Article 21 (pertaining to safeguards againsi taxation for purposes of any particular religion) (iii), Article 22 (relating to safeguards as to educational institutions in respect of religion etc.) 1999} Absehad Trist : je (ix) Article 24 (pertaining to,pr. ‘The above Articles do not non-citizen as they speak of “a perso ‘Whereas under the sécond ¢ @ Anticle 15 Article 16 Article 17 =. (relating t Aric 18 5 (geriinig profession: (%) Article 19 “(relating t (Wi Article 20 (pertaining ae manage rel (vii) Article 23 (clang to (ili) Article 25 ~~ (pertaini ‘The’ above’ “Articles” can only. vA Most of the'Pakistani statut ‘Areas including Citizenship Act: Th Pakistan, for all intents and purposes. of the fundamerial rights of’ the C citizens of Pakistan, like any othe?'¢ above Fundamental Rights, but they + competently imposed. {p. 1392] C Even, under the Universal Pakistan is signatory, hiimari bein respective of their origin or statis. Amicles, 1, 2, 3, 4, 5, 6, 7,8, 9, 10, ‘of Human Rights, {p. 1393] D The, Fundamental Rights en: what ‘has been provided in some of Human Rights. Supreme Court, while there is no inconsistency. between 1 construction as to extend maximum be with.the comity of nations. -[p. 1395} sunReview > (Vol. XXX | 1999} ‘Ab-Jehad Trust v. Federation of Pakistan 1381 (Ajmal Mian, C1) (ix) Article 24 (pertaining to protection of property rights). files 9, 10, 11, 12, 13, 14, 21, ‘The above Articles do not make any distinction between a citizen and citizen and non-citizen as these | non-citizen as they speak of “a person” Whereas under the second category the following Articles fall: | @ Amiete 15 (eclating to freedom of movernent etc.) cles 15, 16, 17, 18, 19, 20, 23 "Ip. 1392] C (ii) -Article 16 (pertaining to freedom of assembly). | Gi) Anticte 17 (relating to freedom of association) {Northern Areas are citizens of (iv) Amticle 18 (pertaining to freedom of trade, business or other citizens have the right 10 | > to pay taxes and other levies ‘entitled co participate in the () Article 19 (relating to freedom of speech ete.) sdent judiciary to enforce, inter ected the Federation of Pakistan ‘measures, with a period of six snactments in the Constitution profession), (vi) Article 20 (pertaining to freedom to profess religion and to manage religious institutions) reation/notfications, 10 ensure (i Articie 23. (teating to provision as o property). meatal ights. namely. to be (viii) Article 25 {pertaining to equality of citizens) and @:: access 10 justice ‘ pertaining to equality ). 1a, for enforcement oftheir ‘The above Anticles can be pressed into service by a citizen only, re people of Nosthern Arcas can under the Constitution. There + namely, the first category Most of the Pakistani statutes have been made applicable to Northern Areas including Citizenship Act. The people of Northern Areas are citizens of Pakistan, for all intents and purposes. Thé distinction between the two categories of the fundamental rights of the Constitution is not material. They, 38 the citizens of Pakistan, like any other citizen have the right to invoke any of the ) hove Fundamental Rights. but they are also Hable to pay taxes and other levies urrest and detention of person), competently imposed. [p. 1392] C nave been prohibited under in. Even under the Universal Declaration of Human Rights, to which Pakisten is signatory, human beings have some basic fundamental rights + retrospective punishment) | intespective of their origin or status. In this behalf reference may be made to Amicles, 1, 2, 3,4, 5. 6, 7, 8 9, 10, 13, 15 and 21 of the Universal Declaration of Human Rights. [p. 1393] D inst double punishment and self- ‘The, Fundamental Rights enshrined in the Constitution in fact reflect vbat has been provided in some of the Articles of Universal Declaration of isi Mn for purposes of ny} Homan Right. Supreme Cour, whe constraing the forme, fer tthe ater i there is no inconsistency between the two with the object to piace liberal constriction as to extend maximum benefits to the people and to have w stitutions in > with the comity of naticws. [p. 1395} E ignity of man, etc.) 5 to education