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P L D 2006 SC 432

NIAZ AND OTHERS
V/S
ABDUL SATTAR AND OTHERS

Per Ch. Jaz Ahmad , J-

Constitution of Pakistan (1973) arts. 4 & 14-

By Article 4 of the Constitution, it is the inalienable right of every citizen to enjoy the protection of law and to be treated in accordance with law and in particular no action detrimental to the life, land, liberty, body, reputation or property of any person shall be taken except in accordance with law.  Article 14 of the Constitution also guarantees the dignity of man and subject to law, the privacy of home.  In the context of the Constitution, it is no more necessary to hedge in an action for damages for malicious prosecution by the condition that the action was an abuse of the “process of the Court”.  It will in our opinion be more in consonance with the genesis of the Constitution, Articles 4 and 14 in particular, to say that the foundation of the action for damages for malicious prosecution lies, not in the abuse of the process of Court, but in the abuse in the process of law.  For, if we bear in mind the ground realities of life existing in our country, it should appear plainly that proceedings before the police afford a stronger ground for an action for malicious prosecution than proceedings in a Court of law, for it is an unfortunate fact that, as things are, human dignity suffers or is likely to suffer more at the hands of the police than in a Court of law.  One of the modes to achieve this goal is to file a suit for damages against the offenders by the aggrieved persons.  It is the duty of the members of the Bar Associations and Bar Council to educate the people and to file suits for damages against the offenders apart from the criminal proceedings.  [p. 440] I

Constitution of Pakistan (1973) Art. 189, 190–

Itis also a settled principle of law that judgment of this Court is binding on each and every organ of the State by virtue of Article 189 and 190 of the Constitution. [p. 439] D

Ch. Muhammad Ashraf, Advocate Supreme Court for Petitioner
Nemo for Respondent.
Date of hearing : 24th March, 2006.

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