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Writ Petition No. 5282 of 1981, decided on 20th November, 1982.

---S. 30 (1)-Taking out a procession -District Superintendent of Police's power to regulate conduct of procession and prescribe route by which it is to pass-Does not tantamount to banning the taking out of a procession.

Muhammad Ali v. District Magistrate P L D 1976 Lab. 755 ref.

----S. 30-Taking out a procession - Prerequisites of issue of a licence. If in the opinion of the Magistrate of the District or of a sub-division of the District a procession, it uncontrolled, is likely to cause breach of the peace, the Superintendent of Police or the Assistant Superintendent of Police can require by a general or special notice that the persons intending to take out a procession should apply for licence. While issuing the licence the Superintendent of Police or the Assistant Superintendent of Police can inter alia lay down certain conditions. It will thus be seen that ordinarily no licence is required for taking out a procession. A licence becomes necessary only when the Superintendent of Police or the Assistant Superintendent of Police has issued a general or a special notice in this regard; further before the Superintendent of Police or the Assistant Superintendent of Police can issue such a notice there must be in existence a decision of the. Magistrate of the District or of the sub-division that the procession if uncontrolled is likely to cause a breach of peace.

Mushtaq Raj and Syed Sajjad Raza Jafery for Appellant.

Sh. Riaz Ahmad, A. G., Tanvir Ahmad Khan, A. A. G. and Dr. Khalid Ranjah for the State.

Dates of hearing : 20th, 25th and 26th October, 1982.

The petitioner in this writ petition belongs to Shia sect. He wishes to take out a procession on the 10th of Muharram. His grievance is that his application for the issuance of a licence has been turned down by the District Magistrate.

2. I have heard the learned counsel for the petitioner as well as the learned Advocate-General who has appeared on behalf of the respondents. It is common ground between the parties that the fate of this writ petition depends mainly upon the interpretation of section 30 of the Police Act. This section reads as follows :-

(1) The District Superintendent or Assistant District Superinten dent of Police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.

(2) He may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgment of the Magistrate of the District, or of 'the sub division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a licence.

(3)On such application being made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section : Provided that no fee shall be charged on the application for, or grant of, any such licence.

(4) He may also regulate the extent to which music may be used in the streets on the occasion of festivals and ceremonies."

It will be noticed that under subsection (1) the District Superintendent or the Assistant Superintendent of Police possesses the power only to regulate the conduct of procession and to prescribe the route by which and the A time at which it may pass. This is not tantamount to banning the taking out of a procession altogether. (See Muhammad Ali v. District Magistrate (P L D 1976 Lah. 756). However, if in the opinion of the Magistrate of the District or of a sub-division of the District a procession, if uncontrolled, is likely to cause breach of the peace, the Superintendent of Police or the Assistant Superintendent of Police can require by a general or special notice that the persons intending to take out a procession should apply for licence. While issuing the licence the Superintendent of Police or the Assistant Superintendent of Police can inter alia lay down certain conditions. It will thus be seen that ordinarily no licence is required for taking out a procession. A licence becomes necessary only when the Superintendent of Police or the Assistant Superintendent of Police has issued a general or a special notice in this regard; further before the Superintendent of Police or the Assistant Superintendent of Police can issue such a notice there must be in existence a decision of the Magistrate of the District or of the sub-division that the procession if uncontrolled is likely to cause a breach of peace. In the present case so far the Magistrate of the District or of the sub-division has not formed any such opinion. Similarly there is no notice either general or special in existence requiring the petitioner to apply for a licence. The application made by the petitioner before the District Magistrate for the issuance of the licence was therefore an exercise in futility. Accordingly I would dismiss this application but make no order as to costs.

M. Y. M Petition dismissed

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