Protesters who claimed to espouse their cause often forgot that their right to protest ended when other person's right to free movement and right of trade/business started

2020 C L C 157

[Lahore]

Before Jawad Hassan, J

Mian ALI ASGHAR----Petitioner

Versus

GOVERNMENT OF THE PUNJAB and others----Respondents

W.Ps. Nos.68942, 45254 and 64453 of 2019, heard on 22nd November, 2019.

(a) Constitution of Pakistan---

----Arts. 16, 17, 18 & 19---Right to peaceful protest---Scope---Right to peaceful protest and procession was a fundamental right of all the citizens in a democratic country, but said right had been continuously misunderstood as a license to create inconvenience to the general public---Protesters who claimed to espouse their cause often forgot that their right to protest ended when other person's right to free movement and right of trade/business started.

Haji Lal Muhammad's case PLD 2014 Pesh. 199 and A. Jacob's case AIR 1993 Kerala 1 ref.

(b) Punjab Land Records Authority Act (VI of 2017)---

----S.10(2)---Constitution of Pakistan, Arts. 16, 17, 18 & 19---Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002) [as amended by Pakistan Electronic Media Regulatory Authority (Amendment) Act, 2017], S.27(a)---Right to peaceful protest---Scope---Protest by contractual employees of Punjab Land Records Authority on (Mall Road) Red Zone, Lahore---Inconvenience to the general public--- Hardships for traders/businesses---Non-coverage of protests on (Mall Road) Red Zone---High Court directed that concerned revenue authorities/ Punjab Land Records Authority (employers) shall negotiate with their protesting employees and resolve the issue and call off their protest today till 02:00 pm; that thereafter, the concerned authorities shall take stern action against any person who continued the protest after 02:00 PM, and also terminate his contract, because it violated the Constitution, laws and the judgments of the High Court; that Pakistan Electronic Media Regulatory Authority (PEMRA) shall ensure that no television channel gave any coverage to the protest(s) being conducted on the (Mall Road) Red Zone and also notify all the channels in accordance with Pakistan Electronic Media Regulatory Authority (Amendment) Act, 2017 and the Electronic Media (Programmes and Advertisements) Code of Conduct, 2015---Order accordingly.

Muhammad Azhar Siddique and Abdullah Malik with the Petitioner in person.

Iqbal Bhali for the Petitioner (in W.P. No.45254/2019).

Sardar Khurram Latif Khosa for Petitioner (in W.P. No.64453 of 2019).

Ms. Alia Ijaz, Assistant Advocate-General with Ahmad Bilal, Section Officer, Home Department, Government of the Punjab, Lahore and Ashfaq Ahmad Khan, DIG (Operations), Lahore.

Waqar Mushtaq Toor with Shaukat Ali, Director General, PEMRA.

Tahir Farooq Tarar, Head Legal, PEMRA.

Muhammad Kashif Pasha and Hamid-ur-Rehman Nasir, Research Officers, Lahore High Court, Lahore.

Ms. Sadia Malik, Assistant Attorney General.