Law: Constitution of Pakistan, 1973

Section: 9

Law: Criminal Procedure Code (V of 1898)

Section: 144,141

Constitution of Pakistan----- ----Art. 9-Right of public assembly -Restrictions-Reasonableness-"Public order"-Meaning ­Prohibition of public assembly of five or more parsons by District Magistrate-Criminal Procedure Code (h of 1898), S. 144. Held, that reasonable restrictions upon the fundamental right of assembling peacefully are permitted only in the interest of public order. The expression "public order" is not defined anywhere, but danger to human life and safety and the disturbance of public tranquility fall within the purview of the expression. In determining reasonableness of restrictions, several circumstances have to be taken into consideration, including conditions prevailing at the time, and the nature, extent and duration of the restrictions having regard to all the surround­ing circumstances of the case. Restrictions may be complete or partial. If, in the circumstances of a case, total prohibition of the exercise of a particular fundamental right is reasonable for achieving a purpose for which the imposition of restriction is permissible, then even total prohibition of the exercise of such a right will be legal and valid, Where, apparently, a religious public meeting was sought to be held, but the District Magistrate was satisfied that the meeting was in the nature of a political gathering which was to be addressed by political leaders and that it was necessary to act under section 144, Criminal P. C. to prevent danger to human life and safety and disturbance of public tranquility. Held, that the District Magistrate, being the sole judge in the matter, an order of prohibition against public assembly of five or more persons under section 14.1, Criminal P. C., did not encroach upon Art. 9 of the Constitu­tion. Emperor v. Sibnath Banerjee and others A I R 1943 F C 75; Chintamanrao and another v. The State of Madhva Pradesh A I R 1951 S C 118; The State of Madras v. V. G. Row A I R 1.952, S C 196 and Pir Gull Hassan and another v. The Crown P L D 1956 F C 190, ref. JUDGMENT A. R. CHANGEZ, J.-----By this writ petition Qari Abdul Hameed Qadri, Secretary of the Anjuman-e-Tahaffuz-e­-Haqooq-e-A'ma, and Mohtamim, Madrisa A'lia Furqania of Lahore Cantonment,…

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