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FAKHAR ZAMAN versus SECRETARY TO THE GOVT. OF PUNJAB

Constitution Pakistan 1973 Article 39 Constitution of Pakistan (1973), Arts 4,19 and 199 Constitutional petition seeks to confiscate the book authored by the applicant for possessing illegal material, possessing, using and disposing of intellectual production. The exclusive right of the applicant was the property of the applicant, therefore, he cannot be deprived of his property, except in accordance with the law, the invalid order suffered a legal weakness, as long as the confiscation order was approved. Previously no notice was issued to the applicant nor was he notified directly. And the publishers of the seized books were also not presented with such notice not to issue the notice and to have the opportunity to be heard before the applicant before the unauthorized order was set on record. , Because the specific date memo did not allege to the applicant that any show cause notice was served, nor did the government claim that any show cause notice was issued to be taken, Therefore, it can be safely asserted that no notice was issued to the applicant prior to the approval of the Forfeiture Order. The order to defraud, thus, fell under the doctrine of the \ 'auditorium party \' because of the prejudice the applicant was ordered to forfeit the books due to non-issuance of show cause notice and this was natural. All principles of justice were against, therefore, the rights of the guarantors under Article 4 of the Constitution have also been violated; the protection of the fundamental right of the applicant obtained under Article 19 of the Constitution; all subsequent proceedings list of advocates from Gakhar Mandi lawyer