Objectives Resolution (Article 2A), the Fundamental Rights and the Directive Principles of State policy so as to achieve democracy, tolerance, equality and social justice according to Islam.

12. The PIL movement took it’s flight in Pakistan with the case Benazir Bhutto v. Federation of Pakistan and another (PLD 1988 SC 416) when a Larger Bench of the Hon’ble Supreme Court unanimously held that the rule of “locus standi” and “aggrieved person” can be relaxed whenever a question of public importance arises with reference to enforcement of fundamental rights. The apex Court went further and added that fundamental rights include not only the rights enumerated in Chapter 1 of Part II of the Constitution but also those envisaged by Article 2A and the Principles of Policy in Chapter II of Part II. It said: “While construing Article 184(3), the interpretative approach should not be ceremonious observance of the rules or usages of interpretation, but regard should be had to the object and the purpose for which this Article is enacted, that is, this interpretative approach must receive inspiration from the triad of provisions which saturate and invigorate the entire Constitution, namely, the Objectives Resolution (Article 2A), the Fundamental Rights and the Directive Principles of State policy so as to achieve democracy, tolerance, equality and social justice according to Islam.”

Part Of Judgment
Lahore High Court
Writ Petition-Criminal Proceedings-Detention/habeas
409-20
2020 LHC 200