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SUPERINTENDENT OF POLICE, JHELUM versus GHULAM RAZA


Constitution of Pakistan 1973 Arts 16 and 185 (3) Freedom of assembly Reasonable sanctions The right to withdraw procession The issue of jurisdiction of the High Court in the jurisdiction of the peace law involves a serious dispute over the issue of fact. Due to a breach of the peace, the respondents (a group of people) were refused permission to join the procession from their homes to the main religious procession, with the respondents claiming they had done so for a long time in the past. While the authority was denied by the High Court. Referring to the defendants in their constitutional jurisdiction, they directed the concerned authorities to join the procession from their homes in the main procession as they were allowed to appeal to the applicants to review the shortage of applicants. That the right to hold the assembly was subject to appropriate sanctions under Article 16 of the Constitution, to deny the procession and issue licenses to respondents on the merits of the cases, and in no way denied by the authorities concerned. No law or any constitutional clause was violated so that the High Court passed an invalid decree. I made necessary. The High Court was unable to exercise constitutional jurisdiction when it included serious controversial questions on the plane of fact.

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