Law:

Section:

(a) Constitution of Pakistan--- ----Art. 18---Freedom of trade, business or profession---Scope---State functionaries, duty of---Carrying out any lawful business and trade was the Fundamental Right of an individual under Art.18 of the Constitution---While discharging official functions, efforts should be made by State functionaries to ensure that no one was denied the right to earn his livelihood because of unfair or discriminatory act on their part. Shaukat Ali v. Government of Pakistan, and others PLD 1997 SC 342 ref. (b) Constitution of Pakistan--- ----Pt. II, Ch. 1 [Arts.8 to 28]---Fundamental Rights, curtailment of---Law and order situation---State functionaries/Executive, duty of---Denial of any of the fundamental rights of the citizens could not be allowed due to fanciful and arbitrary ideas and presumptions of the State functionaries---No action of the Executive could prevail which may deny any of the Fundamental Rights of individuals on the pretext that the same may cause security problems and law and order situation. (c) Constitution of Pakistan--- ----Art. 18---Freedom of trade, business or profession---Scope---Holding of circus and shows---Denial of permission by competent authority---Law and order situation---Petitioner's company applied before the District Coordination Officer/competent authority seeking permission for holding circus and shows---Local police made a report in favour of holding the circus and shows, however the District Coordination Officer refused to give permission for the same due to security reasons---Legality---No action of the Executive could prevail which may deny any of the Fundamental Rights of individuals on the pretext that the same may cause security problems and law and order situation---Accepting notion of District Coordination Officer would mean that people must stay at home and should not carry out any activity in the wake of terrorism and ongoing military action in the country---High Court directed the District Coordination Officer to facilitate the petitioner in holding circus and shows according to schedule, and to convene a meeting with the petitioner and the District Police Officer to provide appropriate security…

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