1999 PLP 2579 (MLD)

Petitioner in person. Petitioner, an advocate of this Court has filed this petition under Article 199 of the Constitution with the following prayer:-- "that respondents may graciously be directed to ban the carnival of ' Basant' and kite manufacturing and kite flying totally being un -Islamic, illegal, unlawful tradition and customs of Hindus endangering the public peace and tranquillity. Respondents Nos.1 and 3 may also be directed to enact the law banning the manufacturing the flying kites on 'Basant' or any other day, firing in the air causing nuisance to the public and exposing youngsters and other citizens to safety hazards, electricity breakdown and to enforce the same strictly without any discrimination or delay. It is further prayed that pending the decision of this writ petition respondents Nos.1, 2 and 4 may kindly be directed to take effective measures to ban and stop the celebration of Basant and kite-flying and the nuisance caused thereby forthwith. "

2. The comments of respondent No.1 are on file, wherein it is stated that the respondent-Government is taking adequate measures to check firing in the air and display of fire-arms and for this purpose District Magistrates have been issuing necessary restrictive orders under section 144, Cr.P.C.

3. It was put to learned counsel that celebration of Basant is part of cultural tradition and how can this Court prohibit its celebration unless the learned counsel was to show that the celebration of the .same was prohibited under law or was, in any manner, in conflict with a letter of law. Clearly there is no law in field prohibiting the celebration of cultural functions. It was, however, contended by the petitioner that as a consequence of kite-flying, which is normally accompanied with air firing, many deaths are caused every, year and P many persons are seriously injured. He also stated that due to noise caused by firing, drum beating and playing of video in full pitch, the peace and tranquillity of the neighbourhood is disturbed and many patients, students have to, forego the rest and studies.

4. This part of the statement of the petitioner is correct. Of late the festivity connected with Basant has been extended to nights also. The firing and music and human noise raised during the night do cause disturbance, peace and tranquillity of the neighbourhood. Many accidents are also reported. All this is not called for and is as much disapproved by this Court as by the petitioner' himself. However; the remedy does not lie in judiciary restraining all these things. The remedy, in my view, lies in developing the civil sense coupled with strict enforcement of the provisions of law i.e. Arms Ordinance as well as the directions issued under section 144, Cr.P.C. If these measures do not show the desired result, the remedy thereafter may be in the Assembly making some law on the subject and thereafter, in enforcing it. I am clear that this Court, in the state of law as it is, cannot restrain the citizens from either celebrating or manufacturing and selling kites and other materials. Reliance of the petitioner on the provisions of Articles 9 and 15 of the Constitution alongwith AIR 1986 SC 1847 and PLD 1994 SC 693 is not very appropriate. The security of life and A persons have been guaranteed by the Constitution but its application to the present case is not binding. Petitioner has not contended that his life is, in any manner, in danger by the absence of law in respect of celebration of Basant. The arguments of the petitioner are in the realm of morality and desirability and it is not proper for this Court to enter into the field of morality and desirability in exercise of jurisdiction under Article 199 of the Constitution.

5. It has also been contended that the very celebration of the festivity of the Basant is un-Islamic under the Constitution. This argument can only be examined by the Federal Shariat Court.

6. For all the above reasons, this petition is disposed of with the observations that respondent-Government will attend to the illegalities accompanying the festivity of Basant and take steps to effectively deal with the same. No order as to costs. H.B.T./M-925/L Order accordingly