| Case ID |
ea0b6532-d2dc-43df-b0e7-42d22e1303ed |
| Body |
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| Case Number |
Civil Appeal No. 145 of 1981 |
| Decision Date |
Mar 09, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the District Magistrate's refusal to grant a license for a religious procession was not justified. It held that the right to conduct religious processions in public spaces is recognized by law, and the District Magistrate's actions amounted to a total prohibition, which the law does not permit. The Court emphasized that while authorities may impose conditions for public safety, they cannot categorically deny the right to assemble for religious purposes. The District Magistrate's order was set aside, and the appellant was allowed to apply for a license again, which must be considered in light of the law's provisions. |
| Summary |
In the landmark case of Syed Sarfraz Hussain Bokhari vs. District Magistrate, Kasur, the Supreme Court of Pakistan addressed the critical issue of the right to public assembly and procession under the Police Act of 1861. The appellant, a member of the Shia community, sought permission to hold a religious procession, which was denied by the District Magistrate citing concerns over public order due to the presence of a Sunni majority. The Court underscored that the right to conduct religious processions is a fundamental aspect of religious freedom and cannot be denied outright without substantial justification. It was concluded that the law allows for regulation but not prohibition, thereby affirming the necessity of balancing public safety with individual rights. This case highlights the importance of upholding constitutional rights in the face of administrative discretion and reinforces the legal framework surrounding public assemblies in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
District Magistrate, Kasur
|
| Judges |
Aslam Riaz Hussain,
Shafiur Rahman
|
| Lawyers |
Sajjad Raza Jafry
|
| Petitioners |
Syed Sarfraz Hussain Bokhari
|
| Respondents |
Others,
District Magistrate, Kasur
|
| Citations |
1983 SLD 401,
1983 PLD 172
|
| Other Citations |
Mian Muhammad v. Government of West Pakistan 1970 S C M R 645,
Saiyed Manzur Hasan and others v. Syed Muhammad Zaman and others A I R 1925 P C 36,
Muhammad Jalil Khan and others v. Ram Nath Katua and others A I R 1931 All. 341
|
| Laws Involved |
Police Act (V of 1861),
Criminal Procedure Code (V of 1898)
|
| Sections |
30,
144
|