Law:

Section:

(a) Police Act (V of 1861)-------S. 30---Constitution of Pakistan (1973), Art.20---Restriction on a right to profess or practise religion---Validity---Right to profess and practise religion is a fundamental right of every citizen, guaranteed by Art.20 of the Constitution--­Such right cannot be denied to a citizen merely because it is objected to or opposed by some one belonging to a different religion or sect---Legislation like S.30, Police Act, 1861 cannot curtail or restrict a right guaranteed by Constitution to the citizen. (b) Police Act (V of 1861)--- ----S. 30---Constitution of Pakistan (1973), Art.199---Constitutional petition--­Restriction on taking out of a religious procession---Binding one sect by an agreement to which the same was not a party---Validity---Agreement between the District Administration and one sect of religion whereby licence to take out the religious procession was not granted to the other sect of religion---Mere fact that the route which procession had to follow was predominantly occupied or resented by people of other religious sects was no ground at all for refusal to grant the licence---Where such procession intended to be so taken was not unusual, based on mala fides and intended to be taken for ulterior motives and purposes, the Authority concerned put certain reasonable and bona fide conditions but absolute refusal was without lawful authority---Person was not bound by an agreement to which he was not a party---Two or more different parties to an agreement could not bind a third person to perform the conditions of such agreement to which that third person was not a party. Malik Ghulam Yousaf v. District Magistrate, Attock 1995 MLD 1510; Muhabit Ali v. The District Magistrate, Campbellpur PLD 1976 Lah. 755; Muhammad Hussain Bhatti v. District Magistrate, Gujrat 1985 PCr.LJ 301 and Syed Sarfraz Hussain Bukhari v. District Magistrate; Kasur PLD 1983 SC 172 rel. (c) Contract Act (IX of 1872)--- ----S. 2(h)---Contract---Person who was not a party to an agreement was not bound by the same---Two or more parties could not bind a third person to perform the conditions to such agreement to which that third party was not a party.…

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