Case Details

Citation(s)
2016 SLG 2022 2016 SLD 2022 2016 PLJ 111

W.P. No. 8513 of 2015, decision Date : 18.6.2015. Heard on: 18.6.2015.
KHALID MAHMOOD MALIK, JUSTICE
Rana Asif Saeed, Advocate for Petitioner. Rana Muhammad Hussain, AAG for
Respondents.

M/S. LUCKY IRANI CIRCUS THROUGH ITS MANAGER

VS

DISTRICT CO-ORDINATION OFFICER KHANEWAL AND 5 others--RespondentS

Law: Constitution of Pakistan, 1973

Section: 198,199

Constitution of Pakistan, 1973---.--- ---.---Arts. 198 & 199---.---Constitutional petition---.---Application for permission and issuance of NOC to install circus shows eve of Mela, was declined---.---Challenge to---.---Validity---.---To carry out lawful business and trade is a fundamental right protected under Constitution, Art. 9 of Constitution ensuressecurity of person to be an obligation of State---.---No such permission could have been denied by respondents on mere presumption of security risk---.---Respondent is directed to facilitate petitioner in holding Circus shows, according to schedule mentioned in application for grant of permission filed before him and DPO, is further directed to provide appropriate security measures for holding circus shows as proposed---.---Petition was allowed. THIS ORDER PASSED BY: KHALID MAHMOOD MALIK, JUSTICE:---.--- By way of this writ petition, the petitioner has sought direction to Respondents No. 1 and 2 to grant permission to install Circus shows from 19.6.2015 to 25.6.2015 on the eve of Mela Abdul Hakim by maintaining that petitioner moved application to the said respondents seeking permission and for issuance of NOC, but the same was declined; hence this writ petition. 2. Heard. Comments submitted by District Police Officer, Khanewal have been perused. 3. The reasons assigned for refusing such permission are not valid and against the fundamental right of the petitioner as provided under the law, so the same cannot be allowed to remain in field, because it is the bounded duty of Respondent…
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