Law: Police Order (22 of 2002)

Section: 120,121

Law: Constitution of Pakistan, 1973

Section: 30

Law: Police Act, 1861

Section: 30,30A

(a) Police Order [22 of 2002]--- ----Arts. 120 & 121---Police Act (V of 1861), Ss. 30 & 30A---Constitution of Pakistan, Art. 20---Right to take out a religious procession---Licnese for Muharram procession, issuance of---Principles. Following are the principles relating to issuance of a license for Muharram procession: (a) Under Article 120 of the Police Order, 2002 it was the head of District Police or Assistant or Deputy Superintendent of Police who was empowered to issue or refuse the license for the Muharram procession. (b) The corresponding section 30(a) of the Police Act, 1861 or the whole scheme of law did not mention the Home Secretary as competent authority to grant or refuse such license. (c) Minority sects (having less population) were not debarred from indulging into lawful religious practices as it was the responsibility of the State to protect enforcement of Fundamental Right under Article 20 of the Constitution, as long as they did not infringe into the rights of other communities. (d) In rare cases the license may be refused but such refusal could not be permanent and would be only for a particular occasion. (e) The police was required to be vigilant in finding out the programme of procession being taken out. (f) The requirement of license was for procession on new routes. (g) The authorities while dealing with such applications (for issuance of license) shall apply their mind and abstain from dealing with it arbitrarily or capriciously and shall remain even handed strictly as mandated by law. (h) As a requirement for taking out a procession, the licensee, organizer, manager, and the leader, could be identified with a view to prescribe the route, timing, halting places, the accompaniments and the conduct of the procession itself, only with the sole object of avoiding breach of peace. Hakim Sher Ahmad Chishti v. Syed Abbas and 2 others PLD 1976 Lah. 85; Mian Muhammad v. Government of West Pakistan and another 1970 SCMR 645; Muhammad Aslam alias Muhammad Mehdi v. District Magistrate, Gujrat and another 1980 PCr.LJ. 707; Muhammad Hussain Bhatti v. District Magistrate, Gujrat 1985 PCr.LJ 301; Sharafat Hussain v. Deputy Commissioner, Kasur and…