Law:

Section:

Police Act (V of 1861) S. 30(2)-Regulation of processions-Application for licenceSubmission of an application by "persons" or "class of persons"Held, not a condition precedent for vesting jurisdiction in District Magistrate to grant or refuse to grant a licence-Application made by General Secretary of Anjuman-e-Hussania for licence, to take out Zuljinnah procession, required for and on behalf of Anjuman-Such application, at best, suffering from misdescription which does not affect its maintainability-Mere fact that previously Shias confined their religious activities in Imambara-Held, would not create any legal or religious bar on them to apply for licence for taking out procession in accordance with law-Nothing on record to show that other Shias in village opposed iptend9d licence-Petitioners prepared to co-operate with Administration in matter of taking out procession on agreed dates---Order refusing licence on grounds of maintainability of application and that petitioner lacked confidence of his community-Held, ex facie bad in law and liable to be set aside-Provisional Constitution Order (P. O. 1 of 1981), Art. 9. Mian Muhammad v. Government of Pakistan and another 1970 S C M R 645 distinguished. Government of West Pakistan v. Haider Bakhsh and others P L D 1969 S C 210 ref. JUDGMENT This writ petition calls in question the order, dated 17-4-1982, of the District Magistrate, Sialkot, whereby the application of the petitioner for taking out Zuljinnah procession on Ashura and Chehlum, in village Tapiala, Tehsd Narowal, District Sialkot, was rejected. 2. The petitioner is admittedly General Secretary of Anjuman-e-Hussania (Registered) Tapiala, Tehsil Narowal, District Sialkot. The certificate of registration, dated 4-12-1975, is at Annexure D. The aims and object of the Anjuman are incorporated in their Rules and Regulations vide Annexure A. 3. The petitioner, submitted an application to the District Magistrate, Sialkot, for the grant of a licence under section 30 of the Police Act to take out the aforesaid procession during Muharram. The application was rejected by the learned District Magistrate by order dated 4-11-1981. The order, in question, was not t;…

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