Law:

Section:

(a) Penal Code (XLV of 1860)--- ---Ss. 341, 347, 440, 441, 447, 506, 144, 145, 148 & 149--Criminal Procedure Code (V of 1898), Ss.22-A & 25---Constitution of Pakistan, Arts.199 & 16---Wrongful restraint, wrongful confinement to extort property or constrain to illegal act, mischief committed after preparation made for causing death or hurt, criminal trespass, criminal intimidation, joining unlawful assembly armed with deadly weapon, knowing that it has been commanded to disperse, rioting armed with deadly weapon, offence committed by member of unlawful assembly in prosecution of common object---Constitutional petition---Freedom of assembly---Ex-officio Justice of Peace disallowed petitioner's application for registration of case against principal and students of a private school for holding demonstration in front of petitioner's house against proposed construction of high-rise building near the school---Validity--Right to hold demonstration was conferred on every citizen as a fundamental right under Art.16 of the Constitution which provided that every citizen should have the right to assemble peacefully and without arms subject to any reasonable restrictions imposed by the law in the interest of public order--Holding of demonstration and freedom of assembly were essential elements in a democratic set-up; such right had to be construed liberally-Right to assemble peacefully was a sacred and inalienable right which could not be abridged or construed or termed an offence of unlawful assembly---Right guaranteed under the Constitution could not be translated as a crime as the same would amount to denial of such right undermining the ideas of civil liberty, freedom of expression and freedom of assembly-Exercise of fundamental right by the citizens could not justifiably be made ground for registering F.I.R. against them---Demonstration in question was held in exercise of right of freedom of assembly in terms of Art.16 of the Constitution---Constitutional petition was dismissed. Muhammad Bashir v. Station House Officer PLD 2007 SC 539 and Naseem Ahmed v. District and Sessions Judge PLD 2005 Kar. 285 ref. (b) Constitution of Pakistan--- ----Arts. 16 &…

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