1. ' MUHAMMAD MUJEEBULLAH SIDDIQUI, J.---Through this petition, the main grievance of the petitioner is that he is a handicapped person. The petitioner met with an accident and his right arm has been amputated from the elbow joint and left arm has been amputated from the above elbow joint and his left leg was also broken, which was operated upon and iron rod was inserted therein. He has submitted that being a disabled person, he was favoured by the Railway authorities and a vending licence was granted for a stall at Railway Station, Hyderabad where he used to sell food item and earn his livelihood. Subsequently the stall was auctioned and he also participated in the auction and gave highest bid for Stall No,2 at Platform No,1, but the said stall is situated for away from the place where the trains stop, with the result that the passengers are not attracted to the far-off place where Stall No,2 is situated and consequently he was not able to earn his livelihood. His licence expired and his request for granting licence for a stall situated near the place of stoppage of trains without participating in open auction has been turned down. In short the prayer is that he is disabled person and may not be compelled to compete with the others in open auction, which is not possible for him and a suitable stall may be allotted to him out of disabled persons quota and without participating in the open auction.
2. ' The learned counsel for the respondents has stated on the earlier dates that they have approached the higher authorities for sympathetic consideration of the request of the petitioner purely on humanitarian grounds, but they have received reply from Chief Commercial Manager, Lahore to the effect that although they are receiving letters from the Divisions, Ministry of Railways, Prime Minister. Secretariat, President Secretariat and the individuals for allotment of vending stall contracts to disabled persons without open auction, but no quota of vending stalls is allocated to the disabled persons according to the policy in vogue and there is no policy directive available in this respect. The matter has been referred to the Director Operation, Ministry of Railway (Railway Board) Government of Pakistan, Islamabad to resolve the issue. However, no policy decision in this behalf has been received so far.
3. ' The learned counsel for the respondents has submitted that they have all sympathies with the petitioner and want to help him, but in the absence of policy decision, they are not able to extend any help to the petitioner.
4. In the circumstances as above, we are of the opinion that by virtue of various provisions contained in the Constitution of Islamic Republic of Pakistan, this Court can exercise its discretion for providing means of respectable livelihood to the petitioner and save him from the ignominy and indignity of resorting to begging. It is provided in Article 2 of the Constitution of Islamic Republic of Pakistan that Islam shall be the State Religion of Pakistan. Under Article 2A of the Constitution, the principles and provisions set out in the objective Resolution reproduced in the Annexure have been made substantive part of the Constitution and shall have effect accordingly. The annexure containing the objective Resolution is reproduced hereunder:-- "Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the State of Pakistan, through its people for being exercised with the limits prescribed by Him is a sacred trust; ' This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan; ' Wherein the State shall exercise its powers and authority through the chosen representatives of the people; ' Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; ' Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah; ' Wherein adequate provision shall be made for the minorities to profess and practise their religions and develop their cultures; ' Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; ' Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith worship and association, subject to law and public morality; ' Wherein adequate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; ' Wherein the independence of the Judiciary shall be fully secured; ' Wherein the integrity of the territories of the Federation, its independence and all its rights including its sovereign rights on land, sea and air, shall be safeguarded; ' So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity "
5. ' A perusal of the objective Resolution shows that the founding father of this country resolved that the principles of democracy, freedom, equality, tolerance and social justice as enunciated by the Islam shall be fully observed. It was further resolved that in the State of Pakistan fundamental rights including equality of Status, of opportunity and before law, social economic and political justice and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality shall be guaranteed. Thus, under the Article 2A, the objective resolution, which is now substantive part of the Constitution envisages that the social justice as enunciated by Islam shall be fully observed and social and economic justice to every citizen shall be guaranteed.
6. ' It is provided in Article 227 of the Constitution that all existing laws shall be brought in conformity with the Injunction of Islam, as laid down in Holy Qur'an and Sunnah.
7. ' It is further provided under Article 14 that the dignity of man and, subject to law, the privacy of home is inviolable.
8. Admittedly, the Pakistan is a Islamic State and the Constitution enjoins upon the State to observe the principles of social justice as enunciated by the Islam. It is one of the basic duty of an Islamic State to help and provide sufficient means to every citizen to earn his livelihood in respectable manner. We are of the considered view that begging is prohibited (haram) in Islam and, therefore, nobody should be put in a situation that he has no option but to resort to begging to keep his two ends meet. The begging is violative of the dignity of man and, under Article 14 of the Constitution, the dignity of man is to be protected, which is inviolable.
9. ' Keeping these principles in view the Federal and Provincial Governments have provided quota for disabled persons in all the Departments and recently disabled persons quota has been introduced even in the C.S.S examination, which is held for recruiting suitable persons on competitive basis for various superior services in the Federal Government. We are of the opinion that if any Department has failed to device a policy for disabled persons, this Court which is saddled with the responsibility of getting the principles contained in the Constitution enforced and protect the rights of the citizen in accordance with the social justice as enunciated in the Holy Quran and Sunnah, is duty bond to exercise its constitutional jurisdiction and issue a suitable writ in this behalf.
10. ' It needs no emphasis that in an Islamic welfare State, which Pakistan is in accordance with the Constitution, it is the responsibility of the State to provide respectable conditions for earning the livelihood.
11. We have already observed that admittedly the petitioner is a disabled person and if he is asked to compete with other wealthy persons it would amount to negation of his right to earn his livelihood in a respectable manner, and would amount to compel him to resort to begging. It would be violative of the provisions contained in Article 14 and Article 2A of the Constitution.
12. ' In the above circumstances, we direct the respondents to issue an allotment order/licence in favour of petitioner in respect of Stall No,15 at Platform No, 1 Hyderabad Railway Station with effect from 1-6-2005, as Muhammad Aslam, Station Superintendent the respondent No,4 has stated that the Stall No,15 shall be vacated with effect from 31st May, 2005. The petitioner is directed to deposit the amount of Rs:29,000 for which he had given bid in respect of Stall No,2 within fifteen days from today. Initially the licence shall be issued to the petitioner for a period of two years and on commencement of second year, there shall be increase of 10 per cent.
13. Before parting with this order, we would like to observe that the respondents Nos.1 rand 2 are expected to take a policy decision and provide a quota for disabled persons so that all such persons in the country may earn their livelihood in a respectable manner.
14. ' The petition is allowed as above. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.