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1991 CLC 13

Per Saleem Akhtar, J.

(a) Constitution of Pakistan (1973), Article 25 —

“Equality before Law” and “Equal protection of Law” — Meaning — Concept of “equality before law” and principles of “equal proteciton of law” were for the first time given and firmly practiced by the Holy Prophet (p.b.u.h.). Law Justice and Islam by Justice Dr. Nasim Hasan Shah; Jibendra Kishore Achcharyyaa Chowdhry v. Province of East Pakistan PLD 1957 SC 9; Waris Meah v. The State and another PLD 1957 SC 157; Brig. (Retd) F.B. Ali and another v. The State PLD 1975 SC 506; Shirin Munir v. Government of Punjab and another PLD 1990 SC 295; Zain Noorani v. Secretary of National assembly of Pakistan PLD 1957 Karachi 1; Express Newspapers Limited v. Union of India AIR 1958 SC 578; Vajravelu Mudaliar v. Deputy Collector AIR 1965 SC 1017; Satwant Singh v. A.P.O. New Delhi AIR 1967 SC 1836; Harak Chand v. Union of India AIR 1970 SC 1453; Remesh Parsad Singh v. State of Bihar and others AIR 1978 SC 327; Srimati Maneka Gandhi v. Union of India and another AIR 1978 SC 597; Ramana Daya Ram Shetty v. The International airport Authaority of India and others AIR 1979 SC 1628 and Ajay Hasia v. Khalid Mujib Sheraverdi and others AIR 1981 SC 487. Ref.

Article 25 — Incorporates the concept “the rule of law” and prohibits, curtails and restricts enforcement of law or exercise of powr under law which confers arbitrary powers with unfettered discretion — Law or the discretion conferred by it should be such that a citizen should know in the normal course and circusmtances what the decision possible could be — Every citizen has a right to know where he stands which is another way to afford equal proteciton of law to every citizen.

Article 25 — Pakistan Essential Service (Maintenance) Act (LII of 1952), Section 3 — Notification dated 20.2.1989 under Section 3, Pakistan Essential Service (Maintenance) Act, 1952 declaring all clases of employment under Oil & Gas Organization except employment under the Pakistan State Oil Company Limited to be the employment to which the said Act applied, held, was based on proper appreciation of facts and amounted to reasonable classification.

Article 25 — Provisions of Article 25 do not envisage absolute equality of treatment to all persons in disregard of the attending circumstances — Article forbids class legislation but not reasonable classification — Such classification, however, should have some just and reasoinable nexus with the object of the Act and cannot be made without any basis — Where any enactment provides different treatment, based on reasonable clssification on having proper relation with the object of the Act and unfettred discretion has not been conferred on the administering agency it is not hit by Article 25.

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