C.M.No.9/2020 Through the instant C.M. the applicants seek permission to be impleaded as petitioners in the main petition.
2. Notice.
3. The learned Law Officers for the Feder ation and the Province accept notice and pray for time to file replies to the C.M.
4. Relist for 26.03.2020 along with the main petition.
C.M.No.5/2020
5. The learned counsel for the respondent/petitioner prays for further time to file a reply to the C.M.
6. The learned Law Of ficers for the Federation and the Province also pray for further time to file replies to the C.M.
7. The learned counsel for the applicant does not object.
8. Relist for 26.03.2020, along with the main petition.
C.M.No.6/2020 C.M.No.8/2020
9. The petitioner has filed a reply to C.M.No.8/2020.
10. The learned counsel for the petitioner submits that C.M.No.6/2020 was moved primarily with a view to making the organizers of the Aurat March, Lahore 2020, ("the Aurat March") aware that they have a duty under the Constitution of the Islamic Republic of Pakistan, 1973, and the law to abide by the reasonable restrictions imposed by the State through legislation upon certain freedoms guaranteed by the Constitution.
11. Refers to Articles 15, 16, 17 and 19 of the Constitution. Submits that the said Articles of the Constitution give every citizen of the country the right(s) of freedom of movement, freedom of assembly , freedom of association and freedom of speech, however , subject to any reasonable restrictions imposed by the law .
12. Further submits that the petitioner does not wish that an order be passed or a direction be given to stop the Aurat March or to ban the Aurat March. The only concern of the petitioner is that the Aurat March proposed to be held on 08.03.2020, that is to say, on the International Women' s Day, may go ahead, however , the organizers and the participants of the March should conform to the reasonable restrictions imposed by law as mentioned in the afore-referred Articles of the Constitution.
13. Further submits that it should be ensured that no placards be displayed or speeches be made which can be termed as hate speech. No particular sect or religion or cross section of society should be targeted and no slogan should be raised against the integrity , security and defence of Pakistan or against public order , decency or morality or there should be no incitement for commission of an of fence.
14. The learned counsel for the intervenors (the applicants of C.M.No.8/2020) submits that the organizers of the Aurat March are fully aware of the restrict ions imposed by the Constitution and the law upon the citizens in respect of the freedom(s) guaranteed to them under Articles 15, 16, 17 and 19 of the Constitution. The organizers of the March have, therefore, chalked out guidelines for posters and placards to be displayed during the March.
Moreover , they are fully aware that no speaker should make any hate speech. The learned counsel has submitted a copy of the said guidelines, which read as under:- "AURA T MARCH LAHORE 2020"
GUIDELINES FOR POSTERS AND PLACARDS
1. Please refrain from using any language or images on your posters and placard s that is discriminatory towards any religion, ethnicity , nationality , gender or sexual identity .
2. We will not condone any messages that will instigate or promote violence or hate speech.
3. We encourage posters and placards that follow this year's theme of "KHUD MUKHT ARI", SELF- DETERMINA TION AND SELF-SUFFICIENCY . Please read the charter of demands for a better understanding of the themes of AURA T MARCH LAHORE 2020.
4. If you chose to bring posters or placards that are considered "CONTROVERSIAL", you are more likely to have your picture published on media platforms and receive backlash. Please take that under consideration when designing your posters.
5. We at Aurat March would like to be more environmentally conscious so please refrain from using any plastic in your posters and placards."
15. Further submits that the apprehensio n of the petitioner regarding the contents of the posters and placards or speeches to be made during the Aurat March is misconceived. The organizers of the March are law abiding citizens and shall act in accordance with the law .
16. The DIG (Operations), Lahore, has submitted a report in compliance with the order , dated 27.02.2020.
17. Submits that in view of the concern expressed by the Court on the last date of hearing in respect of the security arrangements for the Aurat March, directions have been issued to all concerned to make fool proof security arrangements for the proposed Aurat March against any terrorist activities and/or disruption from groups opposing the March.
18. Submits that the route of the March is from the Press Club, Simla Pahari, Lahore to Aiwan-e-Iqbal situated at Egerton Road, Lahore. The organizers of the March have undertaken not to proceed towards or go on to the Mall.
Hence, there is no likelihood of any violat ion of the orders passed by the High Court in respect of holding of rallies or protests or marches or dharnas on the Mall.
19. Further submits that in order to ensure the security of the March, the entry points of the March shall be monitored and all persons entering the venue of the March shall be fully screened and monitored. The roads leading to the route of the March shall be blocked so that no unauthorized person is able to enter the March.
20. Further submits that the application of the organizers of the Aurat March for issuance of an NOC for holding of the March is still under consideration by the District Administration. A meeting of the District Intelligence Committee was held to discuss the issues relating to the grant of the NOC for the March. The organizers of the March were sensitized about the various issues involved, including playing of a particular song. Further submits that further negotiations are being held with the organizers of the March in respect of issuance of the NOC for the March.
21. The learned Addl. Advocate-General submits that the application of the organizers of the Aurat March for issuance of an NOC for holding the Marc h is still under consideration of the Distric t Administration. The application shall be decided in due course of time strictly in accordance with the Constitution and the law .
22. It is an admitted position that the Constitution of the Islamic Republic of Pakistan, 1973, has guaranteed certain fundamental rights to the citizens of Pakistan and in certain cases to all persons . As referred to by the learned counsel for the petitioner Articles 15, 16, 17 and 19 of the Constitution are relevant for the present purposes. Article 15 confers the right of freedom of movement upon every citizen, however , subject to any reasonable restriction imposed by law in the public interest. Article 16 confers the right on every citizen to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order . Article 17 confers the right upon every citizen to form assoc iations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality . This Article also confers the right upon every citizen, except those who are in the service of Pakistan, to form a political party subject to any reasonable restrictions imposed by law. And Article 19 confers upon every citizen the right of freedom of speech and expression as also of freedom of press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity , security or defence of Pakistan or any part thereo f, friendly relations with foreign States, public order , decency or morality , or in relation to contempt of court, commission of or incitement to an offence.
23. As will be clear , the rights conferred upon the citizens of Pakistan under Articles 15, 16, 17 and 19 of the Constitution are subject to any reasonable restrictions imposed by law , which fact is admitted by the parties.
24. The petitioner contends that he does not object to holding of the Aurat March, however , the organizers and the participants of the March, should conform to the restrictions imposed by the Constitution and the law .
25. The learned counsel for the interveners maintains that the organizers of the Aurat March are fully aware of the restrictions imposed by the Constitution and the law upon the citizens in respect of the freedom(s) guaranteed to them under Articles 15, 16, 17 and 19 of the Constitution. And in view thereof the organizers have issued guidelines for the participants of the March. It has been further submitted that the organizers of the March are law abiding citizens and shall act in accordance with the law .
26. The learned Addl. Advocate-General and the DIG (Operations), Lahore, have submitted that the application of the organizers of the Aurat March for issuance an NOC for holding the March is still under consideration and shall be decided by the District Administration strictly in accordance with the law in due course of time.
27. In view of the above, I am persuaded to dispose of C.M.No.6/2020 and C.M.N o.8/2020 with a direction to the District Administration to process and decide the application of the organizers of the Aurat March for issuance of an NOC for holding the March, at an early date, strictly in accordance with the law, whilst bearing in mind the afore- referred guidelines set down by the organizers of the Aurat March as well as the freedoms guaranteed to the citizens of Pakistan under Articles 15, 16, 17 and 19 of the Constitution.
28. Order accordingly .
Main Case C.M.No.2/2020 C.M.No.3/2020
29. The learned counsel for the petitioner submits that the marriage of the son of the former Chief Justice of Pakistan was solemnized on 28/29.02.2020, whereafter a number of videos have appeared on the social media in respect of the marriage ceremony and the Dam Fund established by the Hon'ble Supreme Court. The said videos are highly derogatory . Prays that a direction may be issued to the Director General, Cyber Crime Wing of the FIA to identify the culprits and take action against them in accordance with the law .
30. The Director General, Cyber Crime Wing, FIA, Lahore, to file a report in this respect.
31. The learned Deputy Attorney-General is also directed to obtain instructions in this respect.
32. Relist for 26.03.2020.
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