We are leading experts in the field of constitutional law and human rights.
Pakistan’s weaknesses as state have developed from the fact that the country’s Constituent Assembly failed to settle a constitution in a timely manner. This failure led to the democratic process being suspended and usurped by the executive by virtue of the application of coercive tactics with the judiciary which, in turn, devised the “doctrine of necessity” to legitimise violence and dictatorship.
However, now Pakistan stands at a critical juncture in its history and, as shown by the dismissal of Nawaz Sharif as prime minister as a consequence of the Panama Papers case, the judiciary is eager for justice to be done. Nowhere in the law of Pakistan is the implementation of justice more important than in the realm of fundamental rights guaranteed by the 1973 Constitution.
As is well known, the enforcement of guaranteed constitutional and international human rights is our core specialism. The Constitution is intended to guide Pakistan’s law and its political culture, and system. It identifies the state (its physical existence and its borders), people and their fundamental rights, the state’s constitutional law and orders, and also the constitutional structure and establishment of state institutions and the country’s armed forces. The Pakistani Parliament cannot make any laws which may be repugnant or contrary to the Constitution, however the Constitution itself may be amended by a two-thirds majority in both the houses of the bicameral Parliament.
Laws inconsistent with or in derogation of fundamental rights are void and the following rights are constitutionally guaranteed in Pakistan:
• Security of person
• Safeguards as to arrest and detention
• Right to fair trial
• Prohibition on slavery and forced labour
• Protection against retrospective punishment
• Protection against double punishment and self-incrimination
• Inviolability of dignity of man
• Freedom of movement
• Freedom of assembly
• Freedom of association
• Freedom of trade, business or profession
• Freedom of speech
• Right to information
• Freedom to profess religion and to manage religious institutions
• Safeguard against taxation for purposes of any particular religion
• Safeguards as to educational institutions in respect of religion
• Protection of private property
• Equality of citizens
• Right to education
• Non-discrimination in respect of access to public places
• Safeguard against discrimination in services
• Preservation of language, script and culture
The High Courts and the Supreme Courts in Pakistan, and indeed all over South Asia, have wide-ranging powers of judicial review which allow these courts not only to unilaterally safeguard guaranteed constitutional rights but also to entertain highly contested litigation in the public interest.
We excel in public and human rights law and are able to assist clients to obtain numerous public law reliefs and remedies from the courts including, but not limited to, prerogative writs, writ of mandamus, writ of certiorari, writ of habeas corpus, writ of procedendo, writ of prohibition and the writ of quo warranto and so forth.
The High Courts are empowered to issue these writs under article 199 of the Constitution. Similarly, the Supreme Court enjoys original jurisdiction under article 184 to enforce the fundamental rights conferred by part 2, chapter 1 of the Constitution.