DELIBERATE MISAPPLICATION OF LAW/MISUSE …

1 DELIBERATE MISAPPLICATION OF LAW/MISUSE OF power remedies available UNDER THE LAW: BY MUHAMMAD NAEEM SHAH To implement law certain powers are delegated to the hierarchy or machinery provided under that law. It is the law which empowers or authorises a person, therefore, he is bound to act in accordance with law. An authority which is being given power to function for the implementation of law called a statutory functionary. It may be police, custom, Sales tax or Income tax authority etc., etc. The Constitution of Pakistan which is the Supreme law of the country and all the laws derive their powers from the Constitution. The law which is inconsistent with the Constitution is an invalid law and of ultra vires of the Constitution and liable to be struck down. Article 4 of the Constitution says that "to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen wherever he may be and or every other person for the time being within Pakistan, no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law".

1 DELIBERATE MISAPPLICATION OF LAW/MISUSE OF POWER REMEDIES AVAILABLE UNDER THE LAW: BY MUHAMMAD NAEEM SHAH To implement law certain powers are delegated to the hierarchy or

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