Fundamental rights of citizens

NAB authorities did not follow legal course as provided under National Accountability Ordinance, 1999, and also violated principles of natural justice, while initiating proceedings under National Accountability Ordinance, 1999, against accused person, even without proper authorization of inquiry and investigation

National Accountability Bureau in most of the cases, instead of providing opportunity to accused to explain allegations against him by issuing notice in terms of S.9 of National Accountability Ordinance, 1999, the arrest of accused is made against spirit of provisions of Ss.19 & 24 of National Accountability Ordinance, 1999, and also in violation of express provision of S.54, Cr.P.C. and deprive a citizen of his fundamental right of liberty and fair trial as guaranteed under the Constitution

Court has to jealously safeguard Fundamental Rights as guaranteed by the Constitution, particularly right to life and liberty of a citizen by invoking its extra ordinary constitutional jurisdiction under Art.199 of the Constitution

Any authority is required to act strictly in accordance with law and to perform its duty in the manner in which it has been authorized under the law

Violation of any statutory provision, rules or regulations makes such act of the Authority as illegal and unwarranted under law.

Respondent/DCO postponed decision on petitioner's application for permission to hold circus shows citing deteriorating law and order and month of Ramzan

Validity

State functionaries had to act fairly and justly to ensure that no one was denied the right to earn livelihood

Under Art.199 of the Constitution, High Court was custodian of Fundamental Rights of citizens

Fundamental Rights of citizens could not be denied on account of fanciful and arbitrary ideas of State functionaries

Under Art.9 of the Constitution, protection of life of citizens was constitutional obligation of the State

Fundamental Rights of individuals could not be denied by action of executive on the pretext of security problems and law and orders

Summary/noting approved by respondent DCO was not tenable, same was set aside

Constitutional petition was accepted and respondent DCO was directed to facilitate petitioner in holding circus shows.