Law:

Section:

Police Act (V of 1861)--- S. 30-Criminal Procedure Code (V of 1898), S. 144-Procession Right of public to assemble and take out procession on public streets or thoroughfare manifestly recognized in law-Authorities concerned conferred statutory powers in matter of prescribing route, timing and imposing regulatory conditions or conduct of assembly or procession Likelihood of breach of peace, in absence of control, held, provides jurisdiction to impose controls and conditions-Such jurisdictional fact by itself cannot be made ground for refusing licence itself in absence of lack of bona fide, some ulterior motive or purpose manifestly established to account for refusal of licence-Law not envisaging a total prohibition of outright refusal for all times to take out procession to participate in religious ceremonies or observance. Mian Muhammad v. Government of West Pakistan 1970 S C M R 645 rel. Saiyed Manzur Hasan and others v. Syed Muhammad Zaman and others A I R 1925 P C 36 and Muhammad Jalil Khan and others v. Ram Nath Katua and others A I R 1931. All. 341 ref. JUDGMENT SHAFIUR RAHMAN, J.-Leave to appeal was granted to the petitioner to examine the legal question whether in view of the decision of this Court in Mian Muhammad v. Government of West Pakistan (1970SCMR645), the District Magistrate was competent under section 30 of the Police Act to refuse for all times a licence to the petitioner to take out a religious procession in the locality to which he belongs. The appellant professes Shia faith and is a resident of Kasur Town. He applied on 6-10-1979 for a licence under section 30 of the Police Act to take out a Zuljinnah procession on 24-3-80. The District Magistrate after obtaining police report in the matter refused him the licence on 12-11-1979: He challenged this refusal by means of a constitutional petition which succeeded. The District Magistrate, however, then invoked his powers under section 144, Cr. P. C. and promulgated a prohibitory order on 23-3-80. On 14-6-80 the appellant filed yet another application for permission to take out Zuljinna procession. As this application remained unattended for long the appellant moved another constitutional…

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