Summary
- The Lahore High Court has dismissed a petition filed by Pakistan Tehreek-e-Insaf (PTI) seeking permission to hold a public gathering at Minar-e-Pakistan.
- The court, however, noted that the right to peaceful assembly does not mean that every gathering can be held without following the relevant legal procedure.
- During the proceedings, the government’s lawyer informed the court that a meeting had already been held under the deputy commissioner to consider the PTI’s request.
The Lahore High Court has dismissed a petition filed by Pakistan Tehreek-e-Insaf (PTI) seeking permission to hold a public gathering at Minar-e-Pakistan.
Justice Mirza Waqas Rauf announced the written decision on a petition filed by Mian Usman Akram.
The petitioner had asked the court to allow the party to hold a rally at Minar-e-Pakistan. He argued that refusing permission for the gathering violated the constitutional right to peaceful assembly.
The petition referred to Article 16 of the Constitution. The article protects the right of citizens to assemble peacefully and without arms, subject to reasonable restrictions imposed by law.
The court, however, noted that the right to peaceful assembly does not mean that every gathering can be held without following the relevant legal procedure.
Under the applicable law, permission for a public gathering is granted through the relevant administrative authorities. The deputy commissioner is responsible for considering such requests and issuing an NOC where required.
During the proceedings, the government’s lawyer informed the court that a meeting had already been held under the deputy commissioner to consider the PTI’s request.
The meeting reviewed the security and law and order situation in the area. Officials recommended that the proposed rally should not be allowed because of security concerns.
The written judgment also noted the nature of Minar-e-Pakistan as a public place. The court observed that the site is regularly visited by citizens for recreational and other public activities.
According to the government’s submission, the deputy commissioner had already taken a decision on the PTI’s application. The request for permission to hold the rally was rejected on August 3.
The court observed that the administrative authority had already decided the matter. Therefore, the petition could not be entertained as a request for permission that was still pending before the deputy commissioner.
The Lahore High Court consequently dismissed the petition.
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