| Case ID |
0cc2e26c-0a02-42c3-b0ff-e34b4c560314 |
| Body |
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| Case Number |
Writ Petition No. 20133 of 2014 |
| Decision Date |
Jul 11, 2014 |
| Hearing Date |
|
| Decision |
The High Court allowed the writ petition, directing the District Coordination Officer to facilitate the petitioner in holding circus shows according to the proposed schedule. The court emphasized that carrying out lawful business is a fundamental right under Article 18 of the Constitution. The refusal of permission by the District Coordination Officer was deemed unjustified, as it violated the constitutional obligations to protect citizens' rights. The court mandated that appropriate security measures be arranged in collaboration with local law enforcement to ensure the safety of the events while respecting the holy month of Ramzan. |
| Summary |
In the landmark case of DILDAR ALI vs. D.C.O. CHINIOT, the Lahore High Court addressed the fundamental right to conduct lawful business as enshrined in Article 18 of the Constitution of Pakistan. The case arose when DILDAR ALI, representing the Lucky Irani Circus, sought permission from the District Coordination Officer to hold circus shows during a local festival. Despite a favorable report from local police, the D.C.O. denied the request citing security concerns. The High Court ruled that such arbitrary denial of rights is unacceptable, reinforcing that state functionaries must act justly and not infringe upon citizens' rights based on unfounded fears. The court ordered the D.C.O. to facilitate the circus shows, highlighting the need for collaboration with law enforcement for security, while ensuring that citizens can engage in lawful activities without undue restrictions. This case reaffirms the judiciary's role in upholding fundamental rights amidst concerns of law and order. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAH KHAWAR, J
|
| Lawyers |
Ch. Muhammad Akram Khan
|
| Petitioners |
DILDAR ALI
|
| Respondents |
D.C.O. CHINIOT,
Muhammad Nasir Chauhan, A.A.G
|
| Citations |
2015 SLD 2345,
2015 CLC 1141,
2015 PLJ 290
|
| Other Citations |
PLD 1997 SC 342
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Art. 18,
Pt. II, Ch. 1 [Arts.8 to 28],
Art. 9
|