Law:

Section:

Police Act (IV of 1861) -- S. 30 Licence for taking out procession and holding of Majlis ¬Application for grant of Duty of Superintendent of Police ¬Superintendent of Police would remain neutral and proceed even¬handedly strictly as mandated by law. Gulzarin Kiani, Advocate Supreme Court and M. S. Khattak, Advocate on Record for Petitioner. Akbar Ali (D. S. P.) Legal for Respondents Nos.1 to 3. Muhammad Bilal Advocate Supreme Court and Ch. Muhammad Akram Advocate on Record for Respondent No.4. Date of hearing: 18th January, 2005. ORDER TASSADUQ HUSSAIN JILLANI, J. This petition is directed against the order dated 26 10 2004 vide which a learned Judge of Peshawar High Court reviewed the order dated 5 4 2004 passed in Civil Revision No. 152 of 2002 in terms as under: ".,,Hence this review petition is accepted and it is observed that the Government and the Local Administration would not cause any discrimination as to the duties of the petitioner as Mutawali of Thalla No. 19, D. I. Khan City and would follow the centuries old precedents of licence holders and Mutwalies including the petitioner. " 2. Facts in brief are that respondent/plaintiff filed a suit for declaration to the effect that the order dated 3 1 1996 issued by Senior Superintendent of Police, Dera Ismail Khan is illegal and that no licence of Azadari and Majlis for Muharram including Chehlum could be issued in the name of respondent/defendant Syed Manzoor Hussain Shah (who is petitioner before us in the instant petition). Petitioner/defendant was Mutawali of the shrine subject matter of this petition and according to him he had been leading processions. In 1995 petitioner/defendant got issued a licence to take up procession and hold Majlis from respondent/ defendant No.3 which according to the respondent/plaintiff was illegal as it could only be granted with the consent of the respondent/plaintiff. The suit was decreed vide judgment and decree dated 24 5 2000. Both the parties challenged the decree of the Civil Court in appeals which were disposed of vide judgment and decree dated 19 6 2002 with the observations as under: "The pith of the above discussion is that after taking into consideration…

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