Peshawar High Court Bans Use of Official Resources for Long March

Peshawar: The Peshawar High Court (PHC) has issued a major ruling, strictly prohibiting the Khyber Pakhtunkhwa (KP) government and its officials from utilizing official vehicles, machinery, and personnel for Long March and other political activities.

The court categorically stated that using government resources for political purposes is a betrayal of public trust and amounts to “blatant dishonesty”.

The PHC, leading with the command to the KP government not to deploy official machinery and staff for the Long March, emphasized that government vehicles and machinery are meant for public service, not for political ‘shows’ like long march.

The court further ruled that the deployment of specialized resources like Rescue machinery and Fire Brigade in political rallies is equivalent to corruption and misuse of authority.

The bench directed the provincial government and concerned officials to strictly refrain from the misuse of official resources, noting that such actions compromise the impartiality of governance. The court cited Articles 4, 5, and 25 of the Constitution, stating that public resources are not the exclusive property of any single political party.

Articles 4, 5, and 25 of the Constitution of Pakistan are foundational principles that address the rights of individuals, the duties of citizens, and equality before the law.

Key Constitutional Articles

Article 4: Right of Individuals to be Dealt with in Accordance with Law, etc.

This article establishes the Rule of Law and the right to due process.

• (1) Inalienable Right: To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, and of every other person for the time being within Pakistan.

• (2) Specific Protections: This means:

  • No action detrimental to the life, liberty, body, reputation, or property of any person shall be taken except in accordance with law.

  • No person shall be prevented or hindered from doing that which is not prohibited by law.

  • No person shall be compelled to do that which the law does not require him to do.

This article ensures that government authority is exercised only within the bounds of law and that individuals are protected from arbitrary action.

Article 5: Loyalty to State and Obedience to Constitution and Law

This article outlines the fundamental duty of every citizen towards the state.

• (1) Loyalty: Loyalty to the State is the basic duty of every citizen.

• (2) Obedience: Obedience to the Constitution and law is the inviolable obligation of every citizen, wherever he may be, and of every other person for the time being within Pakistan.

  It places a mandatory obligation on all individuals within the country to respect and abide by the supreme law of the land and all enacted laws.

Article 25: Equality of Citizens

This article guarantees the principle of equality and non-discrimination.

• (1) Equal Protection: All citizens are equal before law and are entitled to equal protection of law.

• (2) Non-Discrimination: There shall be no discrimination on the basis of sex.

• (3) Special Provision for Women and Children: Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

Article 25 is a Fundamental Right that prohibits the state from granting privileges or imposing burdens arbitrarily and ensures that all citizens are treated equally in the eyes of the legal system.