P L D 2013 Supreme Court 188 (PLP)
Dr. MUHAMMAD ASLAM KHAKI and others — Petitioners Versus S.S.P. (OPERATIONS) RAWALPINDI and others — Respondents
| Citation | P L D 2013 Supreme Court 188 (PLP) |
| Forum / Court | |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Jawwad S. Khawaja and Khilji Arif Hussain, JJ |
| Parties | Dr. MUHAMMAD ASLAM KHAKI and others — Petitioners Versus S.S.P. (OPERATIONS) RAWALPINDI and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in P L D 2013 Supreme Court 188 (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 2013 Supreme Court 188 (PLP)?
The case was heard and decided by the 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 2013 Supreme Court 188 (PLP) (Dr. MUHAMMAD ASLAM KHAKI and others — Petitioners Versus S.S.P. (OPERATIONS) RAWALPINDI and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Dr. Muhammad Aslam Khaki (in person) with Shahana Abbas, Shazia and Mahwish (Unix) for Petitioners.
- Date of hearing: 25th September, 2012.
Headnotes / Summary
(Under Article 184(3) of the Constitution)
Arts. 9, 23, 25A, 51(2) & 184(3)
Constitutional petition under Art.184(3) of the Constitution against molestation and humiliation of eunuchs and restoration of their fundamental rights
Scope
Present petition was instituted for the enforcement of fundamental rights of eunuchs, guaranteed under the Constitution including security of life and property, as they were more vulnerable amongst citizens
Rights of eunuchs were fully protected under the Constitution including the right to inherit property
Eunuchs were not to be deprived from their legitimate right to movable and immovable property, their right to get education and their right of franchise
Participation jobs of eunuchs in all walks of life had to be ensured and they should not be intervened either by their relatives or by any other functionary
Eunuchs enjoyed the same rights under the Constitution and were entitled to be respected by all segments of the society and they should be treated equally with other citizens
Supreme Court observed that in the past eunuchs were not treated at par with other citizens but now with the cooperation of the Federal and Provincial Governments and other organizations, eunuchs were being respected as citizens of the country
Constitutional petition was disposed of accordingly. Dil Muhammad Khan Alizai, DAG for the Federation. Muhammad Azam Khattak, Addl. A.G. for the Government of Balochistan. Syed Arshad Hussain Shah,Addl. A.G., Syed Masoom Shah, DS,S.W. and Jehandad, Dy. Director for Government of Khyber Pakhtunkhwa. Jawwad Hassan, Addl. A.G. and Muhammad Shafique Awan, D.O.S.W. for Government of Punjab. Sahib Jamal, Manger (Law) for NADRA. Nemo for ICT. Nemo for Rwalpindi Police.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C J.
In pursuance of this Court's direction, a concise statement has been filed on behalf of NADRA. Copy of the same has been handed over to the petitioner in person who after having gone through the same stated that the arrangement being followed by the NADRA for issuing National Identity Cards to the eunuchs (Khwaja Sraa). He further stated that as now focal person have been nominated by the Provinces, therefore, at present they are not facing any problem and if such problem arises at any time, the same will be solved by the executive/law enforcing agencies of the concerned Provincial Governments. This petition was instituted for the enforcement of fundamental rights of the person which include eunuchs, guaranteed under the Constitution including security to life and property as they are more vulnerable among humans. The petitioner and all the Provincial Governments through their Advocate Generals have provided assistance and implemented the directions issued by this Court from time to time. We may point out that eunuchs are entitled to be respected by all the segments of society as other citizens deserve. In the past their had been practice being followed invariably when they were not being treated at par with the other human beings/citizens but now with the cooperation of the Federal and Provincial Governments and other organizations they are being respected and dignified as citizen of this country in view of the fact that their rights are fully protected under the Constitution including the inherited property rights detail of which we have obtained so that the eunuchs are not deprived from their legitimate right in respect of movable and immovable proper, right to get education, right of the franchise and also to ensure their participation/jobs in all walk of life and they should not be intervened either by their relatives or by any other functionary. Copy of this order be communicated to the Commissioner ICT, Home Secretaries to the Provinces and the IGPs for information and strict adherence of the same. The eunuchs should be treated equally as other citizens in this country enjoying the same rights under the Constitution of Islamic Republic of Pakistan. We place our gratitude to the petitioner in person, to the representatives of the Government, the NGOs and all others who have assisted us on the issue for its final disposal through this judgment, Disposed of in the above terms. MWA/M-65/SC Order accordingly.