1636/2024 Const. P. Ali Ahmed Turabi Advocate (Petitioner) V/S Fed. of Pakistan and Another (Respondent)

1636/2024 Const. P. Ali Ahmed Turabi Advocate (Petitioner) V/S Fed. of Pakistan and Another (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Aqeel Ahmed Abbasi, Hon'ble Mr. Justice Abdul Mobeen Lakho(Author) Order Date: 02-APR-24

10. In the instant matter, petitioner is not an aggrieved person. No action of Government was either proposed for him or against him. None of his legal right, whatsoever, has been violated. The amendment to Section 2(c) of the Decoration Act, 1975, appears constitutionally valid. The broadened definition of "gallantry" aligns with constitutional provisions and established legal principles, supported by definitions from renowned dictionaries. Judicial precedents emphasize the presumption of constitutionality, the burden of proof on petitioners, and the judiciary's role in enforcing existing rights rather than creating new ones. Additionally, the petitioner lacks locus standi and hasn't demonstrated a violation of legal rights. Therefore, the petition challenging the constitutionality of the amendment is not found maintainable. 11. In view of the above facts and observations made by the Honorable Supreme Court as well as High Court in various cases, instant petition is bereft of any merit stands dismissed in limine. Above are the reasons of our short order dated 02.04.2024.