ASIF SAEED KHAN KHOSA, J.--- It has inter alia been contended by the learned counsel for the petitioner that if there was any apprehension regarding breach of peace then the exercise of the petitioner's right under the licence already issued in his favour could have been regulated but such an apprehension could not entail cancellation of the petitioner's licence. He has placed reliance in this regard upon the judgments rendered by the Hon'ble Supreme Court of Pakistan in the case of Mian Muhammad v. Government of Pakistan and another (1970 SCMR 645) and Syed Sarfraz Hussain Bokhari v. District Magistrate, Kasur and others (PLD 1983 SC 172) and also upon a judgment handed down by this Court in the case of Mohabat Ali v. The District Magistrate, Campbellpur and another (PLD 1976 Lah. 755). It has also been argued by the learned counsel for the petitioner that the petitioner had been condemned unheard as he had not been afforded any opportunity of hearing before cancellation of his licence and such violation of the principle of natural justice has vitiated the impugned order passed by respondent No. 1. It has further been maintained by the learned counsel for the petitioner that the petitioner's Fundamental Rights guaranteed by Articles 16 and 20 of the Constitution of the Islamic Republic of Pakistan, 1973 could not be snatched away and if there was any apprehension regarding breach of peace then the said right of the petitioner could only be regulated by the concerned authorities.
2. The points involved in this petition require consideration. Admit. Notice.
Civil Miscellaneous No. 02 of 2007
3. The operation of the impugned order dated 9.12.2006 passed by respondent No. 1 shall remain suspended in the meanwhile.