Fuel Price Adjustment - Islamabad High Court

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W.P No.2972/2011 Page 46 of 67all facts of human existence. The word "life" has notbeen defined in the Constitution but it does not meannor can it be restricted only to the vegetative or animallife or mere existence from conception to death. Lifeincludes all such amenities and facilities which aperson born in a free country is entitled to enjoy withdignity, legally and constitutionally.The instances are not few when the Honorable SupremeCourt of Pakistan has held that the right to life includesthe right to live with human dignity and termed it afundamental right as mandated under the Constitution ofthe Islamic Republic of Pakistan, more particularlyArticles 9 and 10 thereof. In a recent case of AllegedCorruption in Rental Power Plants etc., reported as 2012SCMR 773, the honorable Supreme Court of Pakistanhas held:“The Constitution of the Islamic Republic ofPakistan mandates that State shall exercise itspowers and authority through chosenrepresentatives of the people. A democratic orderin place, through the representatives of people,being the members of Parliament, obligates theelected representatives to fulfill theircommitments bestowed upon them under theConstitution, and in their representative capacity,they are bound to perform their functionshonestly, to the best of their ability, faithfully, inaccordance with the Constitution and the law aswell as the Rules of the Assembly, and always inthe interest of sovereignty, integrity, solidarity,well being and prosperity of Pakistan. Such abinding force of the Constitution commands themto ensure well being and prosperity of Pakistan,so whenever they feel threat to the well being of
W.P No.2972/2011 Page 47 of 67the people of Pakistan for any reason, they arebound to preserve the same.”“It is to be clarified that the Government of theday under Article 29 read with Article 2A of theConstitution is bound to formulate policies for thepromotion of social and economic well being of thepeople, which includes provision of facilities to thecitizens for work and adequate livelihood with areasonable rest and leisure, etc.Energy/electricity is essentially one of thesignificant facilities required by the citizens formanifold purposes, namely, uplifting of theirsocial and economic status. Non-supply ofelectricity to the citizen regularly, is tantamount todepriving them of one of the essentials of the lifeincluding the security of economic activities,which are relatable to their fundamental rightsprotected under Articles 9 and 14 of theConstitution. In the cases of the Bank of Punjab v.Haris Steel Industries (PLD 2010 SC 1109),Liaqat Hussain v. The Federation of Pakistan(Constitution Petition No.50/2011), In Re: HumanRights Case regarding fast food chain in F-9 Park(PLD 2010 SC 759), In Re: SMC No.13/2009(Case regarding Multi-Professional HousingSchemes) (PLD 2011 SC 619) and Shehla Zia v.WAPDA (PLD 1994 SC 693), Article 9 has beeninterpreted and its scope has been enlarged toeach and every aspect of human life. Therefore,whenever a policy is framed with reference touplifting the socio-economic conditions of thecitizens, object should be to ensure enforcementof their fundamental rights.”12. Seeking guidance from the above referreddictums of the honorable Supreme Court, I am ofthe considered opinion that the petitions aremaintainable and this court has ample powers
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