No Law authorizes State Officials to Confiscate Private Property arbitrarily, and such actions amount to a breach of Constitutional Protections --- Lahore High Court
Islamabad 27-01-2025: The Lahore High Court has issued a landmark decision, directing the Chief Secretary of Punjab to investigate and compensate transport companies for financial losses caused by the unlawful confiscation of vehicles by police and traffic officials. Mr. Justice Abid Hussain Chattha presided over the case involving two petitions [W.P. No. 51697 of 2023] filed by Cargo United Goods Transport Company and [W.P. No. 66220 of 2024] filed by Ashfaq Mushtarqa Mehmand Union Goods Transport Company.
The Petitioners alleged that their vehicles, carrying valuable goods, were confiscated without legal authority and used by police to block roads during public protests. In one instance, the vehicle was set ablaze by a mob after being forcibly stationed at a roadblock. The petitioners claimed massive financial losses and sought compensation, alleging violations of their constitutional rights.
The petitions raised critical legal questions, including:
- Whether the state can confiscate private property without due process of law.
- The legality of orders issued to law enforcement for detaining vehicles.
- Whether owners are entitled to compensation for damages caused during state use of their vehicles.
- Accountability of state officials for their actions.
Mr. Justice Abid Hussain Chattha emphasized that the actions of state officials violated the fundamental rights guaranteed under Articles 2-A, 4, 9, 18, 23, and 24 of the Constitution of Pakistan. He noted that no law authorizes state officials to confiscate private property arbitrarily, and such actions amount to a breach of constitutional protections.
The Court further criticized the failure of law enforcement to safeguard the property and prevent damages caused by mobs. Mr. Justice Abid Hussain Chattha highlighted the state’s duty to ensure the protection of life, liberty, and property.
The Court directed the Chief Secretary of Punjab to:
- Constitute a committee of senior officials (Grade-21 or above) to conduct an impartial inquiry into the allegations.
- Assess the financial losses suffered by the petitioners.
- Recommend compensation for the damages incurred.
Identify and hold accountable the officials involved in the unlawful acts.
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