Law: Criminal Procedure Code (V of 1898)

Section: 144

Law: Constitution of Pakistan, 1973

Section: 9,18,25,199

Criminal Procedure Code (V of 1898)--- ----S. 144---Constitution of Pakistan, Arts.9, 18, 25 & 199---Closure time of all marriage related functions in hotels, marriage halls etc.---Authorities by invoking the provisions of S.144, Cr.P.C., directed that all marriage related functions would be closed by 10.00 p.m. in all hotels, marriage halls etc.---Petitioner had called in question said order, contending; that by imposing said restriction, Authorities had curtailed the employment hours of the general public; that such ban was violative of Art.9 of the Constitution; that Art.18 of the Constitution had provided "freedom of trade, business and lawful profession" to every citizen, but through impugned ban a restriction had been imposed upon the businessmen to carry out their business during a limited and particular period of time and that no such restriction having been imposed by any other Province, such restriction was discriminatory under of Art.25 of the Constitution---Validity---Held, no doubt Art.9 of the Constitution had provided protection against deprivation of life and liberty of individual and Art.18 of the Constitution, had guaranteed right to every citizen of the country to enter upon any lawful profession or occupation, but no Fundamental Right guaranteed by the Constitution, was absolute, and the State was empowered to impose certain "reasonable" restrictions to regulate those rights---Right of freedom of trade, guaranteed by Art.18 of the Constitution was subject to lawful regulation and restriction---Theme behind issuance of impugned order, was to save the public at large from the mischief which was likely to be occurred in the late night marriage functions---Right to life and liberty of a citizen could be restricted, if it was in accordance with law---Fundamental right of an individual guaranteed under the Constitution, could be surrendered to a lawful collective interest---In order to preserve peace and tranquility of the public at large, the State was vested with power to impose certain reasonable restrictions on the individual---Each Provincial Government was to act independently in its constitutionally defined spheres of legislative and…

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