' NASIR ASLAM ZAHID, C J.---This petition, registered on the basis of an application received from petitioner Nazim F. Haji, Chief Citizen Police Liaison Committee (Central Reporting Cell), Sindh Governor House, Karachi, challenging the right of the Government to requisition private vehicles was admitted to regular hearing. The learned Advocate-General and other law officer have appeared before us on several dates of hearing. The law officers were asked to refer to the provision of law under which private vehicles were and are being requisitioned but no provision was cited till today and only time was taken.
' However, today Mr. Syed Sarfraz Ahmed, Additional Advocate-General, has referred to section 42, Cr.P.C. And a statement in writing has also been filed by the Assistant Commissioner (General), Karachi, Mr. Nisar Ahmed Mughal, who is present in the Court, to the following effect: "It is submitted on behalf of the Respondents that the sanctity of the order dated 4-8-1992 and all subsequent orders are being maintained strictly. It is submitted that the procurement of private cars are completely stopped. However, Pick-Ups/Hi-Lux are being procured from private owners whenever it becomes inevitable, else the Government vehicles are being substituted so as to give effect to the order of this Hon'ble High Court referred above.
(2) It is further submitted that the procurement of the vehicles is being made under section 42, Cr.P.C. So as to assist the Law Enforcing Agencies and other Agency for investigation of the cases.
(3) That it is reiterated that efforts are being made by District Magistrates to obtain the vehicles from them (owners) on hire/rental basis and the respondents stand committed to make full payments to the satisfaction of the owners of the said vehicles and whenever the owners did not agree or require the return of the vehicles their vehicles on their demand are returned.
(4) The statement is made in strict compliance of the direction of this Hon'ble Court."
' In the statement, it is mentioned that "the procurement of private cars has been stopped completely but Pick-Ups/Hi-Lux are being procured from the private owners whenever it becomes inevitable, else the Government vehicles are being substituted so as to give effect to the orders of the High Court.
2. Reliance has been placed on section 42 of the Criminal Procedure Code. It is submitted on behalf of the Government that the vehicles can be procured/requisitioned under that section. Section 42, Cr.P.C. Reads as follows: "42. Public when to assist Magistrates and Police.--Every person is bound to assist a Magistrate or police officer reasonably demanding his aid;
(a) in the taking or preventing the escape of any other person whom such Magistrate or public officer is authorised to arrest;
(b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property."
We have no hesitation in disagreeing with the submission of Mr. Syed Sarfraz Ahmed, Additional Accountant-General on behalf of the Government that, under section 42 of the Cr.P.C., vehicles owned by private persons or organizations can be requisitioned by the Government. Section 42, Cr.P.C. Does not give any such right to the Government to requisition private vehicles.
3. Reference here may be made to Article 24 of the Constitution which reads as follows:- "(1) No person shall be deprived of his property save in accordance with law.
(2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.
(3) Nothing in this Article shall affect the validity of-
(a) any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or any law permitting taking over of any property which has been acquired by, or come into the possession of any person by any unfair means, or in any manner, contrary to law; or
(c) any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or
(d) any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner, or
(e) any law providing for the acquisition of any class of property for the purpose of--
(i) providing education and medical aid to all or any specified class of citizens; or
(ii) providing housing and public facilities and services such as roads, water supply sewerage, gas and electric power to all or any specified class of citizens; or
(iii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves; or
(f) any existing law or any law made in pursuance of Article 253.
(4) The Adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any Court."
It is ordained in clear and unambiguous terms in Article 24 of our Constitution that no person shall be deprived of his property save in accordance with law. By requisitioning somebody's vehicle, the Government is depriving him of his property, though for a temporary period, and therefore, it can only be done in accordance with law.
4. It has further been provided that no property can be compulsorily acquired or taken possession of except for a public purpose and without authority of law which provides for compensation and either fixes the amount of compensation or specifies the principles and the manner in which compensation is to be determined. Certain exceptions are mentioned in clause (3) of Article 24 but there also it has been made clear that for acquisition of any property under any one of such exceptions, a law has to be enacted. It follows, therefore, that in any case, without a specific law, no person can be deprived of his property or its possession taken by the Government.
' In the circumstances, this petition is allowed and it is declared that the requisitioning of private motor vehicles by the Provincial Government Authorities is wholly illegal and without lawful authority. Provincial Government, its functionaries, including police and also Magistrates are restrained from requisitioning or procuring private vehicles.
' Constitution Petition No,D-144/1992 stands disposed of accordingly.
' Copy of this order may be sent to Home Secretary for giving necessary instructions to all the concerned functionaries including Inspector-General of Police, Magistrates, Senior Superintendents of Police, Superintendents of Police and Station House Officers.