1994 PLP 1958 (SCMR)

‑‑‑‑Arts. 16 & 185(3)‑‑‑Freedom of assembly‑‑‑Reasonable restrictions‑‑‑Right to take out procession‑‑‑Apprehension of breach of peace‑‑‑Constitutional jurisdiction of High Court‑‑‑Exercise of jurisdiction in matters involving serious dispute on question of fact‑‑‑Propriety‑‑‑District Authorities (petitioners), apprehending breach of peace refused to allow respondents (a group of people) to move out in procession from their houses to join the main religious procession‑‑‑Respondents claim that they had been doing so since long in the past was denied by the Authorities‑‑‑High Court, when approached by respondents in its Constitutional jurisdiction, directed concerned Authorities to let the respondents proceed in procession from their houses to join the main procession as they had been doing in the past‑‑‑Leave to appeal was granted to examine contentions of the petitioners that right of holding assembly under Art. 16 of the Constitution \as subject to imposition of reasonable restrictions and licence to take procession was refused to respondents on merits of the case and there was no violation of law or any Constitutional provisions by the concerned authorities in such refusal so as to make it necessary for the High Court to pass impugned order and the case was not fit for the exercise of Constitutional jurisdiction by High Court when it involved serious controversial questions on factual plane. Raja Abdul Ghafoor and Ch. Muhammad Iqbal, Advocates Supreme Court with Rao Muhammad Yusuf Khan, Government Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 22nd November, 1993. ABDUL QADEER CHAUDHRY, J: ‑‑Leave to appeal has been sought against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 20‑6‑1993.

2. The facts in brief are that the respondents moved a Constitution petition in the High Court for issuance of a direction to ‑the petitioners to allow them to join the main Chehlum procession to be taken out on‑25th of Saffar every year. According to the petitioners, the respondents' houses are situated at a short distance from the place where they would join the main procession. The learned High Court allowed the writ petition and made the following observations:‑‑ "In other words, the petitioners had been taking out the procession in the past. The two families consist of 18 Members in all. They would be allowed to join the main procession together from their houses. They have the right to do so under the law. Nobody can stop them from doing so provided they do not violate the law and injure the feelings of other Muslims. It is the duty of the respondents to see to it that the procession of the petitioner commences and ends in peace and without any interference from any quarters. The learned Magistrate has been asked to immediately call a meeting of the leaders of the two sects to iron out their differences amicably. He has assured the Court to do so. With these observations, this petition stands disposed of."

3. Learned counsel for the petitioners has taken serious objections to the above observations made by the High Court. He submitted that reasonable restrictions upon freedom of assembly can be imposed under Article 16 of the Constitution. There was serious apprehension of breach of peace, therefore, the respondents were not allowed to take procession from their houses, though no restriction was imposed on them for joining the main procession. It was also disputed that the respondents ever joined the main procession from their houses. After considering the merits of the case, licence was not issued to the respondents. There was no violation of law or Constitutional provisions, which necessitated the passing of the impugned judgment. The procession was never taken out from 1978 to 1992. The petitioners had not accepted that such procession was being taken for the last 50 years. There was factual controversy 7 and the learned High Court has entered into the disputed questions of facts. Leave is granted to consider the above contentions. AA./S‑834/S Leave granted.