2013 PLP 1709 (CLC)

ATIR MAHMOOD, J.

Through this constitutional writ petition, the petitioner has prayed that the respondents be directed not to create hurdles in holding a public meeting/jalsa at Khan Baila Sub-Tehsil in connection with the forthcoming general elections within the constituency of the petitioner, i.e. PP-286 RYK-II.

2. Briefly stated the facts rising to the institution are that the petitioner belongs to Pakistan Tehreek Insaaf. He is a candidate for the seat of PP-286 RYK-II and has been allotted symbol of 'BAT'. He wants to hold a public meeting at Khan Baila Sub-Tehsil of Tehsil Liaquatpur on 27-4-2013 but the respondents are not allowing him to do so on the pretext of law and order situation. Hence this writ petition.

3. Learned counsel for the petitioner inter alia contends that Article 16 of the Islamic Republic of Pakistan, 1973 gives freedom to each and every citizen to assemble peacefully and without arms subject to any reasonable restrictions imposed by law in the interest of public order; that there is no prohibition by any law in vogue upon holding public meetings; that the elections are forthcoming and the petitioner being a candidate of PP-286 has a right to convey the manifesto of his party to the public-at-large; that no consultation with any of the candidates of the constituency has been made by the respondents while specifying the places of rallies and processions which is against the code of conduct issued by the Election Commission of Pakistan; that the place of Liaquatpur Stadium specified by the District Administration is 30 Kms. away from the place identified by the petitioner; that it would not be possible for the petitioner to carry the people to Liaquatpur Stadium to apprise them with his party manifesto, therefore, this writ petition be allowed and the respondents be restrained from creating hurdles in the way of holding of public meeting by the petitioner.

4. On the other hand, learned Law Officer submits that Clause 34 of Code of Conduct issued by Election Commission of Pakistan clearly says that the rallies, processions and meetings will be held on the places specified by the District Administration; that keeping in view the law and order situation in the country, places have been specified by the District Administration for holding rallies, processions and public meetings vide notification dated 25-4-2013; that the petitioner may hold the jalsa at Liaquatpur Stadium Liaquatpur; that the public meeting at the choice of the petitioner will endanger the life and property of the public. He prays that this writ petition be dismissed.

5. Arguments heard. Record perused.

6. I have gone through the report submitted by respondent No.5. The Code of Conduct issued by the Election Commission of Pakistan is also appended with the report. Perusal of the Code of Conduct shows that political parties and candidates can carry out the rallies and processions at the places specified by the District Administration in consultation with the candidates of the relevant constituency or their representatives. Learned Law Officer has stressed more on Clause 34 of the Code of Conduct, however, it pertains to rallies and processions and not to the public meetings. The code of conduct issued by Election Commission does not prohibit holding of public meetings in any manner. Learned Law Officer has also drawn my attention to notification dated 25-4-2013 issued by District Coordination Officer Rahim Yar Khan which provides that the public processions will be held by the political parties and the candidates at places specified below:

"Public Places for Jalsas (1) Khawaja Fareed Park, Kachi Mandi, Liaquatpur (2) Liaquatpur Stadium, Liaquatpur. For Rallies: Khawaja Fareed Park, Kachi Mandi to Railway Chowk via Allah Chowk Liaquatpur."

7. Apparently, no prohibition on holding public meetings has been imposed vide notification dated 16-4-2013 or notification dated 25-4-2013. When confronted with, learned Law Officer has not been able to show that there is a specific prohibition for holding a public meeting at a place of candidate's own choice. Article 16 of the Constitution of Islamic Republic of Pakistan, 1973 allows every citizen of the country to assemble peacefully and without arms subject to any reasonable restriction imposed by law in the interests of the public order. The respondents have not been able to show any law on the basis of which restriction has been imposed on holding a public meeting by the petitioner at a place of his own choice.

8. Furthermore, Liaquatpur Stadium, Liaquatpur is 30-Kms. away from the place of choice of the petitioner and the petitioner may not be able to carry the people of his constituency to such a distant place. Being a candidate in the general elections to be held on 11-5-2013, it is the right of the petitioner to convey them what he or his party wants to do if they come in power which right cannot be taken away from him on any pretext.

9. Undoubtedly, public safety is of paramount consideration but the public functionaries are expected to act strictly in accordance with law. There is no excuse to refuse the petitioner to hold a public meeting at a place of his own choice on the pretext of law and order situation. At the same time, nobody can be allowed to endanger the safety of the public or interfere in the smooth running of the public life. Learned counsel for the petitioner on behalf of his client undertakes that no public thoroughfare will be obstructed in any manner on the eve of the public meeting in question.

10. In view of the above, this Writ Petition is allowed. The respondents are directed not to create hurdles in the way of holding the public meeting by the petitioner at the place of his own choice, i.e. Khan Baila Sub-Tehsil. They are also directed to manage security to maintain law and order situation at the place of the said public meeting. SAK/N-44/L Petition accepted.