| Citation(s) |
|---|
| 2014 SLG 1829 2014 SLD 1829 2014 CLC 1558 |
Lahore High Court
Writ Petitions Nos.21921, 21892 and I.C.A. No. 760 of 2014, decision dated: 13-08-2014.
MAHMOOD AHMAD BHATTI, ARSHAD MAHMOOD TABASSUM AND CH. MUHAMMAD MASOOD, JAHANGIR, JJ
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Writ Petitions Nos.21921, 21892 and I.C.A. No. 760 of 2014, decision dated: 13-08-2014.
MAHMOOD AHMAD BHATTI, ARSHAD MAHMOOD TABASSUM AND CH. MUHAMMAD MASOOD, JAHANGIR, JJ
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GOHAR NAWAZ SINDHU
VS
PROVINCE OF PUNJAB and others
Law:
Section:
Constitution of Pakistan-------Arts. 4, 9, 14, 15, 16, 17 & 199---Police Order [22 of 2002], Art.124--- Constitutional petition---Protest by political parties---Processions---Regulation and control of protest processions---Restrictions on the movements of persons and vehicles---Reasonableness---Placing of containers and barriers on roads and streets---Arrests made by Government to prevent citizens from participating in protests---Forced disruptions to the supply of petrol at petrol stations---Constitutionality and legality---Government placed containers and barriers on different streets, roads, highways and motorways, and arrested several people and forcibly disrupted supply of petrol to petrol stations to regulate and control protest processions, contending that such measures were taken in the public interest and to maintain public order---Validity---Peaceful protests and taking out processions, without carrying arms, by the disgruntled to voice their grievances were inherent in a democracy---Unreasonable restrictions imposed by the Government such as blocking all roads, routes, highways, motorways by putting up barriers and placing containers were tantamount to denying, curtailing and abridging the Fundamental Rights enshrined in Arts.15 & 16 of the Constitution---Wholesale blockades on roads, highways, motorways were unwarranted, unlawful and unconstitutional---When people were confined to one city or one place, separating them from other parts of either the same district or the province, such a restriction could not by any stretch of imagination be regarded as reasonable---Such restrictions negated the assurance held out by the State to the citizens that they were free to enter and move throughout the country---When citizens were not allowed to go from one place to another in the name of imposing reasonable restrictions and maintaining public order, the right to freedom of assembly was likely to be impaired and abridged---Locking down a whole province and/or restricting the movements of the public at large, bordering on their confinement was contrary to the Constitutional guarantee contained in Art.15 of the Constitution, besides being offensive to…
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