' By way of this writ petition, the petitioner has sought direction to Respondents No. 1 and 2 to grant permission to install Circus shows from 19.6 2015 to 25.6.2015 on the eve of Mola Abdul Hakim by maintaining that petitioner moved application to the said respondents seeking permission and for issuance of NOC, but the same was declined; hence this writ petition.
2. Heard. Comments submitted by District Police Officer, Khanewal have been perused.
3. The reasons assigned for refusing such permission are not valid and against the fundamental right of the petitioner as provided under the law, so the same cannot be allowed to remain in field, because it is the bounded duty of Respondent No. 1 to allow any business or trade activity which is not barred under the law. To carry out lawful business and trade is a fundamental right protected under the Constitution of Islamic Republic of Pakistan, 1973. In the same manner, Article 9 of the Constitution of Islamic Republic of Pakistan, 1973 ensures security of person to be an obligation of the State. No such permission could have been denied by the respondents on mere presumption of security risk. Therefore, by allowing this writ petition, Respondent No. 1 is directed to facilitate the petitioner in holding Circus shows, according to the schedule mentioned in the application for grant of permission filed before him and Respondent No. 2, DPO, Khanewal is further directed to provide appropriate security measures for holding Circus Shows as proposed. The petitioner is further directed to fulfill his undertaking and to arrange his own security plan as described in his application. Said respondents are directed to convene a meeting in which the Manager of petitioner should be associated and mutual arrangements may be made for smooth running of the said activities i.e. Lawful business. However, it is observed that no illegal, immoral activity should be performed at the site.