Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Criminal Procedure Code (V of 1898), S.22-A---Constitutional petition---Misuse of authority and harassment---Petitioner club was registered under S.21 of Societies Registration Act, 1860, and was being run in lieu of payment of Government fee---Petitioner club had its own bye-laws and was providing indoor recreational facilities such as billiard, snooker, skittle, carom board, cards and lido etc.---Management of the petitioner club, in the year, 2001, refused membership to certain persons, on account of its decision to stop any fresh membership, thus litigation started between the parties---Refusal from membership led to grudge by high officials in Government functionaries/Police Department and obstructions were started to be created for one or the other reason---Validity---Case of the petitioner club was not that of simple harassment where the petitioner could have approached Sessions Judge under S.22-A Cr.P.C.---Deputing of police force in shape of picket at the door of petitioner club, in view of background of litigation was mala fide on the part of Police authorities, 'which amounted to deprive citizens/members of the club from their fundamental right of entering into club---High Court directed police authorities to remove picket and restrained the authorities from causing harassment in future---Petition was allowed accordingly. Muhammad Junaid Farooqi for Petitioner. Date of hearing: 1st June, 2005. JUDGMENT MUHAMMAD AFZAL SOOMRO, J.--- 1. Over ruled in view of the order, proposed to be passed, at serial Nos.2 and 3. 2 & 3. Through this Constitutional petition, invoking Constitutional jurisdiction of This Court, the petitioner-Club, being recreational club (hereinafter referred to as "Club") having been duly registered under section 21 of the Societies Registration Act, 1860, has approached this Court with the following prayer:-- (i) Declared that the impugned action on the part of the respondents Nos.2 and 3 amounts to curtailment/abridgment of fundamental rights of movement etc., guaranteed by the Constitution of Islamic Republic of Pakistan. (ii) Declare that deployment of police force and detainment…

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