Through this writ petition the petitioner has impugned the order dated 20.02.2015 passed by respondent No,1-District Co-Ordination Officer, Bahawalpur being illegal, void and inoperative upon the rights of the petitioner.
2. The brief facts of the case are that the petitioner is Chief Administrator of Tanzeem-i-Islami Organization which is a non political rather a religious organization and previously held meetings with the permission of the respondents vide letters dated 16.11.2011 and 19.2.2014; that the petitioner being a law abiding person applied/ intimated to respondents about the meeting vide letter dated 07.11.2014 but the respondents did not allow to hold meeting due to law and order situation.
Thereafter, the petitioner filed a Writ Petition No, 1032/2015 before this Court for seeking a direction to respondents to grant permission to hold Ejtama. This Court vide order dated 16.02.2015 issued a direction to respondent No,1 to decide the application dated 09.2.2015 filed by the petitioner, which was forwarded by the Home Secretary, Government of the Punjab vide letter dated 10.2.2015. The respondent No,1 vide order dated 20.2.2015 rejected the application of the petitioner, which is being assailed in this writ petition.
3. Arguments heard. Record perused.
4. The main emphasis of learned counsel for the petitioner is that there is no law enforced in the country which could stop the petitioner from professing the religion of Islam or hold any meeting or an Ejtema as a fundamental right to profess religion has been guaranteed to all the citizens of the country under Article 20 of the Constitution of Islamic Republic of Pakistan, 1973. The said Article is reproduced for ready reference:-- "20. Freedom to profess religion and to manage religious institutions. Subject to law, public order and morality - (a)every citizen shall have the right to profess, practise and propagate his religion; and (b)every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions."
5. The petitioner being the Chief Administrator Tanzeem-e-Islami Organization filed application before respondent No,1 who, after direction given by this Court in Writ Petition No, 1032-15/BWP dated 14.02.2015, declined the same vide impugned order dated 21.02.2014. Relevant paragraph of said order is reproduced as under:-- "Petitioner was heard and record was perused. On 11-11-2014, petitioner submitted an application to grant permission to hold "Ejtama" on 27-28 Feb and 01st March 2015. Dates were changed to 20-21 & 22 Feb later on. Reports were called from concerned Agencies. The District Police Officer and other intelligence agencies, except Special Branch, did not recommend to grant permission to hold "Ejtema" of Tanzeem-e-Islami in the current security situation of the country.
Keeping in view the reports of District Police Officer Bahawalpur and other agencies in the prevailing threat scenario, permission to hold "Ejtama" of Tanzeem-e-Islami at Bahawalpur cannot be granted. Disposed of."
6. Report and parawise comments submitted by respondent No,1 nowhere suggest that the petitioner or the organization being run by the petitioner is involved in any anti-state activity or, that there is any previous record of petitioner or his organization detrimental to the public peace and tranquility. The only reason for refusal of permission to the petitioner from holding Ejtema is stated to be law and order situation of the country particularly recent terrorist attacks on Ejtema/gatherings especially upon .Imambargahs of Ahle Tashee at Shikarpur, Rawalpindi and Islamabad. I am of the opinion that it is no ground to stop the petitioner from holding meeting/Ejtema at a private place and that too in the situation where the petitioner himself is taking responsibility of the security of the event. It has also been assured by the petitioner/ organization to the local administration that there will be no speech/talk against State, morality or any sect which could spoil the atmosphere of peace in the area.
7.Furthermore, it has been argued that the petitioner is being treated indiscriminately as certain other organizations/religious institutions are holding their meetings/processions/ejtama and no objection is being raised thereto on account of security threats. He has produced an invitation card before this Court which shows that the respondents have allowed "Ghulaman Ghamkol Sharif Sunni Council Bahawalpur" for holding of Quran Khawani and Mehfil Melad on 01.04.2015 on a public place which has not been rebutted by the respondent side. It is astonishing that the petitioner is praying for holding of gathering at a private place who is not being allowed by the respondents but the gathering has taken place on 01.04.2015 at a public place with consent and permission of the respondents. It is worth-noting that despite serious threats to life, the "alam processions" as well as gatherings in mosques are continuing which are not being objected to by the respondents rather security is also being provided by them to such processions/gatherings. When confronted with, learned Law Officer frankly admits that no restriction has been imposed by District Management regarding holding of gatherings/processions in the area. Since the respondent-District Management has not imposed any restriction upon holding gatherings/ processions in the area, therefore, the petitioner can neither be treated discriminately nor he can be precluded from holding proposed religious gathering on the pretext of law and order situation prevailing in the country.
8.Be that as it may, it is the legal duty of the District Administra A tion and law enforcing agencies to provide security and protection to the lives of the participants of such like meetings/ gatherings.
9.For what has been discussed above, this writ petition is accepted, the impugned order is set aside and the petitioner is allowed to hold the religious gathering at the proposed venue, the dates of which will be communicated by the petitioner to respondent No,1 who will arrange security and protection of the participants of the gathering in accordance with law. However, if any illegal activity aiming at to spoil peace and tranquility of the area or provoke any other sect is found by the respondents/law enforcing agencies, the law will take its own course.