Law: Police Order, 2002

Section: 120

Law: Punjab Civil Administration Act, 2017

Section: 16

Police Order, 2002 (10 of 2002)-- ----Art. 120--Punjab Civil Administration Act, 2017 (III of 2017), S. 16--Sacred rites of Muharram--Assemblies, gatherings, majalis or procession--Law and Order--Provisions of Article 120 of Police Order, 2002, read conjointly with Section 16 of Punjab Civil Administration Act, 2017, unequivocally require obtaining of a licence from Head of Police in District and permission from Deputy Commissioner concerned--Police and Deputy Commissioner stand as lawful custodians of order in public assemblies, while Home Department no longer retained supervisory control in matters specifically regulated by law--Section 16 of Punjab Civil Administration Act, 2017, which mandated prior written permission from Deputy Commissioner for any public meeting, procession, or gathering--Deputy Commissioner, in consultation with district police, may grant permission subject to conditions or defer application with recorded reasons--Article 16 guarantees every citizen right to assemble peacefully and without arms, subject to reasonable restrictions in interest of public order--Article 20, meanwhile, secured right to profess, practice, and propagate religion, and to establish and manage religious institutions, subject to law, public order, and morality--Every citizen who wished to hold a Majlis within his home or lead a procession in remembrance of Karbala should be embraced, regardless of means or resources--Public servants were not merely regulators but custodians of this sacred duty, expected to support and facilitate rather than restrict--It is directed that District Police Heads and Deputy Commissioners shall work in closed collaboration to ensure peaceful observance of Youm-e-Ashura--City Police Officer, Multan on application of petitioner to be filed afresh, register procession by imposing reasonable restrictions in order to avert any threat to life and property of participants as well as general public--Petition allowed.…