Sheikh MUHAMMAD HAFEEZ vs FEDERATION OF PAKISTAN art — 2024 CLC 1012 LAHORE-HIGH-COURT-LAHORE

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Sheikh MUHAMMAD HAFEEZ VS FEDERATION OF PAKISTAN art. 16---Right to assemble---Scope---Right to assemble peacefully is a fundamental right of every citizen guaranteed under art. 16 of the Constitution---Such right is neither unbridled nor unlimited and art. 16 of the Constitution is always subject to reasonable restriction imposed by law in respect of public order---Citizen who claims right of freedom of assembly for himself / herself has to keep in mind fundamental rights of other citizens, guaranteed under the Constitution e.g. security of person, freedom of movement, trade business and profession. Citation Name: 2024 CLC 1012 LAHORE-HIGH-COURT-LAHORE Sheikh MUHAMMAD HAFEEZ VS FEDERATION OF PAKISTAN S. 15---Police Order (22 of 2002), art. 4---Constitution of Pakistan, art. 16---Constitutional petition---Right of association---Long march and sit-in ---District administration and Police, duties of---Scope---Petitioner assailed role of district administration and police during long march and sit-in of a political party---Validity---Duty is bestowed under S. 15 of Punjab Civil administration act, 2017, upon Commissioner, Deputy Commissioner and assistant Commissioner, as the case may be, to ensure maintenance of public order and public safety and safeguarding public or private properties in their respective jurisdictions---It is primary duty of police to protect life, property and liberty of citizens---Police has to ensure that rights and privileges of public should be protected---Though a specific and exclusive function has been assigned to traffic officers in cities but with few exceptions they failed to discharge their functions and duties as per mandate of law---Traffic Wardens only played role of silent spectators or guide instead of realizing their actual functions and duties---Performance of Traffic Wardens needed to be addressed by Chief Traffic Officer at the priority who were to be reformed into officers of a Law Enforcing agency---Sit-in has become a common phenomenon and fusty trend in Pakistan---It has become a source / weapon not only for political parties but every segment of society having followers / members / companions to stage a sit-in for their demands so as to exert pressure upon the Executive / state to fulfill their demands, leaving aside all legal course provided under law---Such trend has led the country to destabilization---In civilized countries, nobody can be allowed to take law in his / her own hands irrespective of how worse the conditions may be---Pakistan is perhaps the only country in which law enforcing agencies / executive, instead of defending cause of the State and maintaining its writ, join hands with persons / groups who intend to erode sovereignty of the State or to create lawlessness on extraneous reasons---High Court referred the matter to Provincial Government as Commissioner, Deputy Commissioner, Regional Police Officer, City Police Officer and Chief Traffic Officer failed to discharge their official duties in terms of relevant laws and instead acted as privy to illegal acts---High Court directed Provincial Government to probe into the conduct of such officials and proceed against them strictly in accordance with law---Constitutional petition was disposed of accordingly.

Sheikh MUHAMMAD HAFEEZ vs FEDERATION OF PAKISTAN art — 2024 CLC 1012 LAHORE-HIGH-COURT-LAHORE

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