JAWAD HASSAN, J. As the similar question of fact and law is involved in this Petition and the connected writ Petitions i.e. W .Ps. Nos.45254 of 2019 and 64453 of 2019, therefore, all these Petitions be heard together .
2. Pursuant to the order dated 18.11.2019, Mr. Waqar Mushtaq Toor, Advocate along with Shaukat Ali, Director General, Punjab Land Records Authority (the "PLRA "), state that the employees of PLRA , who are protesting at the Mall Road Red Zone, are contractual employees. Learned counsel adds that they are protesting for their demands regarding regularization into service and increase of salaries, which have been dealt with and being considered by the concerned authorities. Nevertheless they have been protesting at the Mall Road Red Zone since 11.11.2019, which amounts to wilful negligence and failure to exercise their moral duty for public at large.
Therefore, the concerned authorities have already terminated contracts of several employees under section 10(2) of the Punjab Land Records Authority Act, 2017 (the "Act") and also took actions under the Punjab Essential Services (Maintenance) Act, 1958 (the "PESM Act"). However states that in order to call off the protest of their employees at Mall Road Red Zone, the Authority will negotiate with them today at 02:00 PM and in case of failure stern action shall be taken against wrongdoers/wilful absentees and their contracts shall be terminated.
3. Ashfaq Ahmad Khan, DIG (Operatio ns), Lahore, states that the Police Department is complying with the judgments of this Court in letter and spirit and putting all possible efforts to regulat e and ensure the smooth flow of traffic in the Lahore City especially at the Mall Road Red Zone including the Histor ical and Significant Buildings i.e. Provincial Assembly of the Punjab, Governor House, Supreme Court of Pakistan, General Post Office, Lahore Museum, Dayal Singh Mansion and Pak Tea House, Lahore High Court, Anarkali Bazar , Malls/Markets etc. He also stated that in order to restrict the protest s and processions on the Mall Road, the Government has formulated a policy vide Notification No.So(IS-II)3-9/201 1(N-1); dated 22.01.2012 whereby the area from Mian Mir Bridge to PMG Office has been declared as "Red Zone" and has specified/designated alternate space at Nasir Bagh and Attique Stadium for holding protest/processions. However states that to avoid protest/processions at the Mall Road Red Zone appropriate legislation/Special Law/Anti-Riot Act is required. He also provides list of FIRs lodged against the persons holding processions/ protests in violation of the aforesaid Policy/Notifi cation. So far as the employees of the PLRA, he states that the concerned authorities are negotiating with them, therefore, the Police Department still did not take stern action.
4. On Court query , Ahmad Bilal, Section Officer, Home Department, Government of the Punjab, Lahore, states that in compliance of the judgments and orders passed by this Court from time to time in various writ Petitions including W.P. No.7461 of 2011 and Crl. Org. No.19510-w/2012, they have already prepar ed the Draft Red Zone Act (the "Draft Act") to deal with the issue in hand. However seeks some time to place on record the Draft Act before this Court. Let him do so on or before the next date of hearing.
5. Today , learned counsel for the Petitioner again contends that due to the strikes/protests/processions by different crowds/people specially the employees of PLRA at the Mall Road Red Zone, the citizens/traders are facing serious hardships, therefore, the Respondent-Departments be directed to implement the Mall Road Red Zone Policy .
Moreover , due to negligent absence and conduct of employees of PLRA from their job/Arazi Record Centres, the public at large is also facing serious hardships to get their requisite land records. Therefore, these protests/processions infringed the fundamental rights of public at large/citizens i.e. right to life (Article 9), right to home (Article 14) right to property (Articles 23 and 24) and right to move freely (Article 15) of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"). He also adds that under the Doctrine of Sovereignty in the light of dictum laid down in the case of Dewan Salman Fibber Ltd. and other s v. Federation of Pakistan, through Secretary , MA) Finance and other (2015 PTD 2304 ) this Court while laying emphasis on the impotence of the Government adhering to serve commitments made by it, whether in the form of the statutory orders or notification issued by it or in the shape of policies announced by it, has held that "the commitments made on behalf of the Government of the Islamic Republic of Pakistan should neither be lightly disregarded nor deliberately ignored. The orderly development of a civilized society requires that citizens should be entitled to place implicit faith and confidence on representations which are made by or on behalf of the duly constituted governmental authorities . The importance of this underlies the sustained thrust towards the industrialization of the country in which both the nationals of Pakistan as well as nationals of foreign countries should have complete confidence that official commitments will be duly honored and acted upon in letter and spirit." This view has further been fortified by a learned Division Bench of this Court in the judgment report as National Bank of Pakistan v. Iftikhar Rasool Anjum and others [2017 PLC (C. S,) 453] which has been upheld by the Hon'ble Supreme Court of Pakistan in the case of Bahadur Khan and others v. Federation of Pakistan through Secretary Mk, Finance, Islamabad and others (2017 SCMR 2066 ). Learned counsel has vociferously argued that despite clear cut verdict given by this Court, which has also been upheld by the august Supreme Court of Pakista n, the Respondents are neither implementing the Policy/Notification nor giving its benefit to the Petitioner and the public at large. He also adds that the Article 5(2) if the Constitution states that Obedience to the Constitution and law is the inviolable obligation of every citizen WHEREVER HE MAY BE AND OF EVER Y OTHER PERSON FOR THE TIME BEING WITHIN PAKIST AN, therefore, the persons on protest/processions must have to follow the law and assemble peacefully .
6. Learned counsel for the Petitioner-Mall Road Traders Association states that due to continuous strike/protest/procession of the Special Persons (Blind Persons) and the employees of PLRA the Mall Road is blocked for the last 13 days, therefore no one could access the Mall Road, which badly effected the fundamental rights of the Traders and also violated the judgment and orders passed by this Court in W.P. No.7461 of 2011 and Crl. Org. No.19510-w/201 12. He adds that under Article 201 of the Constitution the judgment and orders of this Court are binding on the Public as well as the Authorities/Departments and under Article 204 of the Constitution, this Court has the power to punish any person who abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court. Learned counsel also prayed that the PEMRA be directed not to make any coverage of the protest at the Mall Road Red Zone.
7. Messrs Muhammad Kashif Pasha and Hamid-ur-Rehman Nasir , Research Officers, Lahore High Court, Lahore also assisted this Court by their valuable research.
8. The Punjab Land Records Authority Act, 2017 was enacted under the directions of the Hon'ble Supreme Court of Pakistan to facilitate the public at large through computerized system. Section 10(2) of the Act empowers the Authority to take action and terminate the service of any employee. For ready reference the Section 10(2) is reproduced as under: "10.... (2) Subject to the terms and conditi ons of appointment, the Authority may, at any time, terminate the services of an employee by serving thirty days' prior notice or on payment of thirty days salary in lieu of the notice."
9. The right to peaceful protest and procession is a fundamental right of all the citizens in a democratic country like ours. But unfortunately , this right has been continuously misunderstood as a license to create inconvenience to the general public. The protesters who claim to espouse their cause often forget that their right to protest ends when other person's right to free movement and right of trade/business starts. Reliance is placed on Haji Lal Muhammad's case reported as PLD 2014 Peshawar 199 , wherein the Peshawar High Court has held that: "No one can be allowed to exercise one's right in a manner so as to infringe upon the rights of another . Each is to enjoy his rights within the confines of the law, morality and social justice. Transgression by any, whether powerful or weak, cannot be allowed so as to distur b the social harmony of our society . In fact, with the fundamental rights bestowed upon a citizen, there is also an express inviolable obligation on him of obedience to the Constitution and the law , as expressly enshrined in sub-Article (2) of Article 5 of the Constitution, which provides: "Obedience to the Constitution and law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being within Pakistan."
19. Thus all those, who are seeking to express their impugned anguish, may do so but in a lawful manner , without infringing upon the rights of others and violating the law. By blockading the highway , they are obstructing the passage of others including that of the petitioner and thereby they can surely be termed as "unreasonable users".
On the other hand, the petitioner is carrying on his lawful trade and business, but for the impugned action and inaction of respondents."
Regarding extent of one's fundamental right of protest/procession, guidance can be sought from the judgment of Indian Kerala High Court in A. Jacob's case (AIR 1993 Kerala 1), wherein it has categorically been held that:
19. Professions of rights, distanced from realities of life, would make liberties unreal. The liberties of some, could prove to be the end of the liberties of others. The loquacious may silence the meek. The State must protect the mute, the un-organised and inarticulate, against onslaught of enthusiasm of the vocal or the vociferous. It is no use saying hosannas to freedom, unless such freedom is real. Real they will be, only if there is an ordered society .
Order to liberty , is what oxygen to life is. There is no basis to think that freedom and order are not compatible. They are complementary . Liberty will be lost in excess of anarchy , if there is no order . Regulation and suppression are not the same in purpose or result. Time it is to think, whether un-disguised asserti ons of rights by some, have not imperilled rights of others. If one were to recognise right to protest by blocking roads and railways, it is recognition of a right, to deny rights of the peaceful citizens. Acorns of today , will grow into oaks of tomorrow .
10. Therefore, in view of above said facts and circumstances, the concerned revenue authorities/PLRA are directed to negotiate and resolve the issue with their employees and to call off their protest today till 02:00 pm. Thereafter , the concerned authorities shall take stern action against any person who continues the protest after 02:00 PM, today and also terminate his contract, because it violates the Constitution, Laws and the Judgments of this Court, which are binding on them under Article 201 of the Constitution.
11. Mr. Tahir Farooq Tarar, Head Legal, PEMRA, present in the Court, shall ensure that no Television Channel will make any coverage to the protest(s) being conducted on the Mall Road Red Zone and also notify all the Channels in accordance with Pakistan Electronic Media Regulatory Authority (Amendment) Act, 2017 and the Electronic Media Code of Conduct, 2015.
12. Learned Law Of ficer shall produce the Draft Red Zone Act before this Court on the next date.
13. To come up for further proceedings on 25.11.2019