2015 PLP 1141 (CLC)

SHAH KHAWAR, J.

The instant writ petition has been filed through Niaz Ali Manager of Lucky Irani Circus. One Javed Ahmad Malik Manager on behalf of petitioner's company applied for permission of holding of Circus and shows before District Coordination Officer, Chiniot/respondent No.1 at the event of mela/urs of Sakhi Abdul Wahab to be celebrated on Jhang Road Chiniot w.e.f. 11-7-2014 to 16-7-2014.

2. The application for grant of permission made to respondent No.1 was referred to District Police Officer, Chiniot/respondent No.2, who sought report from the local Police. The local Police after making report in favour of the petitioner sent the same to the office of respondents No.2 for onward submission to respondent No.1. Respondent No.2/DPO Chiniot forwarded the report of local Police to the office of DCO Chiniot vide letter dated 1-7-2014, but same was not agreed upon and was rejected by the DCO Chiniot vide order dated 5-7-2014. The petitioner when approached the office of respondent No.1 for obtaining copy of the notification whereby the petitioner was disallowed to exhibit the permission, but staff told that issuance of notification is in progress. The petitioner impugns the said order dated 5-7-2014.

3. Arguments heard. Record perused.

4. The above mentioned casual attitude of respondent No.1 reflects that he did not perform his Constitutional obligations and also did not take into consideration that carrying out any lawful business and trade is the fundamental right of an individual under Article 18 as guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. Reference could be made of the case-law reported as Shaukat Ali v. Government of Pakistan, etc. (PLD 1997 SC 342). It is held that State functionaries are expected to act fairly and justly in a manner which should not give to any one any cause of complaint on account of discriminatory treatment or otherwise. While discharging official functions, efforts should be made by State functionaries to ensure that no one is denied the right to earn his livelihood because of the unfair or discriminatory act on their part.

5. Under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the High Courts are the custodian of the fundamental rights of its citizens. Denial of any of the fundamental rights of the citizens could not be allowed due to fanciful and arbitrary ideas and presumptions of the State functionaries like respondent No.1. In the same manner, according to Article 9 of the Constitution of the Islamic Republic of Pakistan, 1973, protection of life to the citizens has been declared as an inviolable Constitutional obligation of the State. No such action of the Executive could prevail which may deny any of the fundamental rights of individuals on the pretext that same may cause security problems and law and order situation. If this notion of respondent No.1 is accepted, then people must stay at home and should not carry out any activity in the wake of terrorism and Military action in Wazirastan.

6. The impugned order dated 5-7-2014 passed by respondent No.1 is not tenable in the eyes of law, which is hereby set aside.

7. By allowing the instant writ petition. District Officer Coordination/respondent No.1 is directed to facilitate the petitioner in holding Circus shows according to the schedule mentioned in the writ petition. Respondent No.1 is also directed to convene a meeting with the petitioner as well as respondent No.2/ District Police Officer, Chiniot to provide appropriate security measures for holding of Circus shows as proposed by the petitioner. In the same manner, the petitioner is also directed to cooperate with respondents Nos.1 and 2 in finalizing modalities of security and to make sure that during the event, sanctity of the month of holy Ramzan is strictly observed. The learned A.A.-G., Punjab who is present in the Court is directed to communicate this order to respondents Nos.1 and 2 to implement the same.

8. With above observations and directions, the instant writ petition is allowed. MWA/D-7/L Petition allowed.