15. In India, the constitutionality of PIL is founded on
Articles 32 and 226 of the Indian Constitution while in Pakistan the
relevant provisions are Articles 184(3) and 199 of the Constitution of
Islamic Republic of Pakistan. These Articles give wide powers to the
superior courts to enforce fundamental rights, ensure compliance with
the rule of law and provide access to justice to all citizens. After
Benazir Bhutto’s case, supra, the superior courts in Pakistan have
entertained numerous PIL cases. In this respect reference may be
usefully made to Ardeshir Cowasjee and 10 others v. Karachi
Building Control Authority (KMC), Karachi and 4 others (1999
SCMR 2883), Salahuddin Dharaj v. Province of Sindh through
Secretary, Local Government Department and 4 others (PLD 2013
Sindh 236), Iqbal Ahmad Dhudhi v. Federation of Pakistan and 5
others (2014 CLC 1348), Muhammad Qahir Shah and others v.
Federation of Pakistan, Ministry of Railways, through Secretary,
Islamabad and others (2014 YLR 2571), Habibullah Energy Limited
and another v. WAPDA through Chairman and others (PLD 2014 SC
47), Ms. Imrana Tiwana and others v. Province of Punjab and others
(PLD 2015 Lah. 522), Province of Sindh and others v. Lal Khan
Chandio and others (2016 SCMR 48) and Mian Shabir Asmail v.
Chief Minister of Punjab and others (PLD 2017 Lah. 597).
Part Of Judgment
Lahore High Court
Writ Petition-Criminal Proceedings-Detention/habeas
409-20
2020 LHC 200
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