Law:

Section:

Constitution of Pakistan (1973)--Arts. 16 & 185(3)---Freedom of assembly---Reasonable restrictions---Right to take out procession---Apprehension of breach of peace---Constitutional jurisdiction of High Court---Exercise of jurisdiction in matters involving serious dispute on question of fact---Propriety---District Authorities (petitioners), apprehending breach of peace refused to allow respondents (a group of people) to move out in procession from their houses to join the main religious procession---Respondents claim that they had been doing so since long in the past was denied by the Authorities---High Court, when approached by respondents in its Constitutional jurisdiction, directed concerned Authorities to let the respondents proceed in procession from their houses to join the main procession as they had been doing in the past---Leave to appeal was granted to examine contentions of the petitioners that right of holding assembly under Art. 16 of the Constitution \as subject to imposition of reasonable restrictions and licence to take procession was refused to respondents on merits of the case and there was no violation of law or any Constitutional provisions by the concerned authorities in such refusal so as to make it necessary for the High Court to pass impugned order and the case was not fit for the exercise of Constitutional jurisdiction by High Court when it involved serious controversial questions on factual plane. ORDER ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 20-6-1993. 2. The facts in brief are that the respondents moved a Constitution petition in the High Court for issuance of a direction to -the petitioners to allow them to join the main Chehlum procession to be taken out on-25th of Saffar every year. According to the petitioners, the respondents' houses are situated at a short distance from the place where they would join the main procession. The learned High Court allowed the writ petition and made the following observations:-- "In other words, the petitioners had been taking out the…

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