Judgements/Orders

Judgment recognizes the right to read as fundamental right as it is, intrinsically linked to life under Article 9, embedded in our constitutional principles and necessary for the preservation of our societal values. However, it is subject to lawful regulation; restrictions imposed through foreign policy on import and export of books are thus permissible, and the High Court cannot invoke suo motu jurisdiction in such matters.

The Child Marriage Restraint Act, 1929 merely criminalises the solemnisation of a child marriage but does not expressly declare such a marriage to be void or voidable.

The binding force of judicial precedent is not derived from institutional seniority but from the constitutional hierarchy itself. Since, the supremacy of constitutional adjudication now vests in this Court, therefore, all courts, including the Supreme Court of Pakistan, are bound by its pronouncements.

However, this Court would ordinarily respect and follow the earlier constitutional jurisprudence evolved by the Supreme Court of Pakistan, unless it is established that the same is manifestly erroneous, inconsistent with the constitutional text or scheme, or incompatible with fundamental rights and contemporary constitutional values.