The Constitution of Pakistan, 1973 Developed by Zain Sheikh

MUHAMMAD YAMIN KHAN

Vs

GOVERNMENT OF PAKISTAN THROUGH CHAIRMAN MINISTRY OF RAILWAY,

Per Muhammad Mujeebullah Siddiqui, J-

Constitution of Pakistan (1973) Arts. 2, 2A, 14 & 199-

In the circumstances as above, we are of the opinion that by virtue of various provisions contained in the Constitution of Islamic Republic of Pakistan, this Court can exercise its discretion for providing means of respectable livelihood to the petitioner and save him from the ignominy and indignity of resorting to begging.

Admittedly, the Pakistan is a Islamic State and the Constitution enjoins upon the State to observe the principles of social justice as enunciated by the Islam.  It is one of the basic duty of an Islamic State to help and provide sufficient means to every citizen to earn his livelihood in respectable manner.  We are of the considered view that begging is prohibited (haram) in Islam and, therefore, nobody should be put in a situation that he has no option but to resort to begging to keep his two ends meet. The begging is violative of the dignity of man and, under Article 14 of the Constitution, the dignity of man is to be protected, which is inviolable.

Keeping these principles in view the Federal and Provincial Government have provided quota for disabled persons in all the Departments and recently disabled persons quota has been introduced even in the C.S.S. examination, which is held for recruiting suitable persons on competitive basis for various superior services in the Federal Government. We are of the opinion that if any Department has failed to device a policy for disabled persons, this Court which is saddled with the responsibility of getting the principles contained in  the Constitution enforced and protect the rights of the citizen in accordance with the social justice as enunciated in the Holy Quran and Sunnah, is duty bond exercise its constitutional jurisdiction and issue a suitable writ in this behalf.

We have already observed that admittedly the petitioner is a disabled persons and if he is asked to compete  with other wealthy persons it would amount to negation of his right to earn his livelihood in a respectable manner, and would amount to compel him to resort to begging.  It would be violative of the provisions contained in Article 14 and Article 2A of the Constitution.  In the above circumstances, we direct the respondents to issue an allotment order/licence in favour of the petitioner in respect of Stall NO. 15 at Platform No. 1 Hyderabad Railway Station with effect from 1-6-2005, as Muhammad Aslam, Station Superintendent the respondent no. 4 has stated that the Stall No. 15 shall be vacated with effect from 31st May, 2005.

Before parting with this order, we would like to observe that the respondents Nos. 1 and 2 are expected to take a policy decision and provide a quota for disabled persons so that all such persons in the country may earn their livelihood in a respectable manner.

The petition is allowed as above. [pp. 95, 97, 98] A, B, C, D & E

Petition allowed.

Jhamat Jethanand for Petitioner.

Muhammad Hussain Daudani for Respondent No. 4

Date of hearing : 21st April, 2005.