P L D 2012 Supreme Court 679 (PLP)
PAKISTAN HINDU COUNCIL — Petitioner Versus PAKISTAN through Ministry of Law — Respondent
| Citation | P L D 2012 Supreme Court 679 (PLP) |
| Forum / Court | High Court |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Jawwad S. Khawaja and Khilji Arif Hussain, JJ |
| Parties | PAKISTAN HINDU COUNCIL — Petitioner Versus PAKISTAN through Ministry of Law — Respondent |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in P L D 2012 Supreme Court 679 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2012 Supreme Court 679 (PLP)?
The case was heard and decided by the High Court bench comprising: Iftikhar Muhammad Chaudhry, C.J., Jawwad S. Khawaja and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2012 Supreme Court 679 (PLP) (PAKISTAN HINDU COUNCIL — Petitioner Versus PAKISTAN through Ministry of Law — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Akram Sheikh, Senior Advocate Supreme Court for Petitioner.
- Dil Muhammad Alizai DAG and Syed Tanvir Hussain Shah, SO.M/O Law for Respondent.
Headnotes / Summary
Arts. 20 & 184(3)
Constitutional petition under Art.184(3) of the Constitution praying for promulgation of a new law against forced conversion from one religion to another
Scope
Petitioner had filed the present constitutional petition with the prayer that for the protection and enforcement of the fundamental rights of the citizens, the Supreme Court might direct the Government to promulgate a law prescribing it to be an offence punishable with imprisonment for a person who converted or attempted to convert any person from one religion to another by use of force, allurement or by fraudulent means or aided or abetted any such conversion
In view of Art.20 of the Constitution, there was no necessity of a specific legislation as had been prayed for, because every citizen had a fundamental right to profess, practice and propagate his religion
Supreme Court observed that where there was a forced conversion, the law always took its own course
Constitutional petition was disposed of, accordingly.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.-In the instant petition, the following prayer has been made:-- "Wherefore, it is respectfully prayed that the protection and enforcement of the fundamental right of the citizens this august Court may graciously be pleased to direct the Government of Pakistan to promulgate a law prescribing it to be an offence punishable with imprisonment for a person who converts or attempts to convert any person from one religion to another by use of force, allurement or by fraudulent means or aids or abets any such conversion. Any other direction ancillary or incidental thereto may also graciously be given."
2. The learned Deputy Attorney General has drawn the attention of the learned counsel towards Article 20 of the Constitution of Islamic Republic of Pakistan, 1973, which for convenience sake is reproduced hereinbelow:-- "
20. Subject to law, public order and morality; (a) every citizen shall have the right to profess, practice and propagate his religion; and (b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
3. In view of the above constitutional provision, we are of the opinion that there is no necessity of specific legislation as it has been prayed for, because every citizen has a fundamental right to profess, practice and propagate his religion. However, if there is force conversion, the law always takes its own course. With this observation, the listed petition is disposed of. M.W.A./P-11/S Order accordingly.