Athar Minallah, C.J. The District Magistrate / Deputy Commissioner , Islamabad Capital Territory has filed the petition for initiating proceedings against the respondents who are organizing the assembly of Jamiat Ulema-e- Islam (F) (hereinafter referred to as the "JUI (F)") . The District Magistrate asserts that the respondents intend to violate the permission/NOC granted to them for exercising the right of assembly . The permission/NOC, dated 23- 03-2022, is subject to conditions explicitly mentioned therein. The District Magistrate has also issued a show cause notice, dated 25-03-2022, copy whereof has been attached with the petition.
2. Maintaining public order is the fundamental duty of the State. Section 31 of the Police Act, 1861 declares that it is the duty of the police to keep order on the public roads, public streets, thorou ghfares and all other places of public resort. It has been unambiguously declared as a duty of the police to prevent obstruction on roads and thoroughfares on the occasion of assemblies and procession. It is an offence for any person to cause obstruction, inconvenience, annoyance or damage to other citizens. An unlawful assembly , inter alia, includes a common object to commit mischief, resist the execution of any law or of any legal process and it has been made punishable under section 142 of Pakistan Penal Code, 1860 (hereinafter referred to as the "PPC") . Chapters X and XI of the Code of Criminal Procedure, 1898 (hereinafter referred to as the 'Cr.P.C.') empowers the Magistrate to pass orders to prevent obstruction, nuisance or danger to public in the use of roads or thoroughfares while disobedience of such directions and orders is a punishable offence under section 188 of PPC. The Magistrate also has wide powers under Chapter VIII of Cr .P.C. for keeping peace and ensuring good behavior .
3. The permission/NOC has been granted subject to fulfillment of conditions explicitly mentioned therein. As already noted vide order , dated 17-03-20 22, passed in W.P. No.1082/2022 titled "Asma Malik v. Federation of Pakistan, through Secretary Ministry of Interior , etc." , it is the duty of every citizen, particularly the political parties to obey the law. All the political parties, which have been granted permissions/NOCs, are bound by the conditions mentioned therein. No one is above the law and it is definitely not expected from political parties and public office holders to resist, breach or in any manner disobey the law and the lawful orders issued by the District Magistrate in order to maintain peace and public order .
4. It is an onerous duty of the District Magistrate and the law enforcement agenc ies to enforce the law. It is their constitutional obligation to take all measures as may be necessary to enforce the conditions explicitly mentioned in the permissions/NOCs. Any violation or breach would expose the political parties as well as their leaderships to the consequences prescribed under the law. The State through the District Magistrate and law enforcement agencies shall ensure compliance of the conditional permissions/NOCs and to proceed against the violators in accordance with law regardless of their status and positions. The District Magistrate, therefore, is directed to ensure that the conditions explicitly mentioned in the perm issions/NOCs are enforced and strictly complied with failing which action ought to be taken to remedy the mischief or contravention.
5. The petition is thus disposed-of with the above observations.