' IRSHAD HASAN KHAN, C.J.---Whereas, news items have appeared in the National Press that Government has imposed country-wide ban on all political meetings at public places, strikes and processions.
2. By Order dated 20th March, 2000, in exercise of Suo Motu power, notice was issued to the learned Attorney-General for Pakistan to appear before the Court today to show cause as to the validity of banning political activities throughout Pakistan. Mr, Tanvir Bashir Ansari, learned Deputy Attorney- General has appeared on behalf of the Federal Government and the learned Attorney-General for Pakistan. He has placed on record 'handout' E. No,371, dated 15th March, 2000, issued by the Press Information Department, Government of Pakistan, on the subject of imposition of ban on political meetings in public places. The 'handout' reads thus:- "The Federal Government has decided to impose a ban, with immediate effect on all political meetings in public places, strikes and processions as the country cannot afford the luxury of agitation and violence prone politics which disrupts the normal public life. The Provincial Governments have been instructed in this respect. Indoor meetings are permitted. However, the use of loudspeakers for such political meetings is prohibited. An independent and vibrant press is already expressing the views of all the segments of society."
"The main objective of the Government is the restoration of order and harmony in society with a view to provide security, and prosperity to citizens. For this purpose clear goals have been set in the Reforms Agenda announced by the Chief Executive. In preceding years, the country has witnessed intense and frequent conflicts, disorder, indiscipline and breakdown of institutions. The result has been the creation of a fractious society and incalculable damage to the economy."
"The Government's Reform Agenda is an earnest attempt to pull the country back from the precipice. Attainment of the goals set forth in this agenda require serious and sustained hard work by all Pakistanis, with full commitment to building up social and economic strength, in an environment of peace and order."
"It is expected that in the present geo-political environment and the interest of Pakistan's future, all political and religious parties will exhibit totally responsible behaviour, curb unruly elements within their ranks and keep a watch on the intrusion of hostile foreign elements. There are reports that elements working against the interest of the State are preparing and planning hostile acts to create chaos and portray Pakistan as an irresponsible State."
' The Government has made a solemn commitment to the restoration of a responsible democratic order. A manifestation of this commitment is the commencement of holding of elections of Local Bodies at the end of this year."
3. Mr. Tanvir Bashir Ansari, learned Deputy Attorney-General has also placed on record a copy of D.O. Letter No,3/20/2000- Poll/1(I), dated 29th March, 2000, of the Interior Secretary to the Secretary, Ministry of Law, Justice and Human Rights, Government of Pakistan, Islamabad, paragraph 2 whereof reads thus:-- "(i) There is no ban on political activities;
(ii) Ban has been imposed on political meetings in public places, strikes and processions;
(iii) Indoor meetings are permitted without the use of loudspeaker;
(iv) The ban will remain under constant review;
(v) Programme for holding elections of Local Bodies by the end of this year has been announced by the Government. Public meetings will be allowed at an appropriate time."
4. Mr. Tanvir Bashir Ansari, learned Deputy Attorney-General contends that in terms of section 4 of Political Parties Act, 1962, only lawful political activities are permitted for anybody of individuals or association of persons to form, organize or set up a political party. He further states that even holding of lawful political activities are subject to section 3 of the Act, which inter alia, contemplates that no political party shall be allowed any activity, which undermines, or is likely to undermine, the security and solidarity of Pakistan. Reliance was also placed on Article 15 of the Constitution to contend that every citizen has the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof. The precise contention is that the competent Authority is permitted to impose reasonable restriction on freedom of movement within the contemplation of Article 15 (freedom of movement), Article 16 (freedom of assembly), Article 17 (freedom of association) and Article 19 (freedom of speech, etc.).
5. We have heard Mr. Tanvir Bashir Ansari, learned Deputy Attorney- General at some length.
' In the case of Benazir Bhutto v. Federation of Pakistan (PLD 1988 SC 416) it was inter alia observed: "....While the right to form political party is guaranteed under sub-Article (2) of Article 17, the right of the members to meet is guaranteed by Article 16, the right to move from place to place is guaranteed by Article 15, the right to freedom of speech and expression is guaranteed by Article 19 and so on...."
"Collectively the political parties are now expected to protect public morals in the same way as other legal institutions protect public truthfulness and public symbols of authority. To leave the political parties entirely free to do as they please is to suggest that morality does not matter. A situation like this might prove ultimately subversive to the fabric of the State in the maintenance of the law and order. Therefore, political parties should conform to stringent obligations of high ethical standard."
6. The learned Deputy Attorney-General states that the political activities have not been banned in their entirety but in the interest of maintenance of public order, peace and tranquility, only partial restrictions have been imposed on all political meetings at public places, strikes and processions.
However, indoor meetings are permitted without the use of loudspeakers.
7. The Court has taken judicial notice of the statement appeared in the National Press (Refer daily "The News" and "The Nation" dated March 30, 2000 and other newspapers), according to which, the Governor of Punjab on Wednesday 29th March, 2000, while addressing the Officers Club at Jhang said, "the ban on political activities would go with the announcement of Schedule for the Local Bodies polls". He said,. "The ban on political meetings and rallies is temporary". According to a news item published in daily "Jang", dated 30th March, 2000, Mr. Javed Jabbar, Advisor to the Chief Executive on National Affairs, while addressing a gathering arranged by National Forum, has also said that restriction on political meetings and processions will soon be lifted. Somewhat similar news items have also appeared in other newspapers.
8. The position of the Federal Government, Provincial Governments and other State functionaries on the issue of ban on political activities i,e, rallies, strikes etc. Seems to be divergent. The matter is, therefore, admitted to a regular hearing to consider the following questions:-- "(1) Whether ban on political activities has been validly imposed and if so under what provision of law?
"(2) Whether the restrictions are ultra vires of the Fundamental ' Rights guaranteed under Articles 15, 16, 17 and 19 of the Constitution of the Islamic Republic of Pakistan, 1973?"
9. Notice shall be issued to the Federation of Pakistan and the Provincial Governments of Punjab, Sindh, N.-W.F.P. And Balochistan as well as to the learned Advocates-General of the said Provinces.
Notice shall also go to the learned Attorney-General for Pakistan for a date in office to be fixed after conclusion of the petitions challenging the validity of the Proclamation of Emergency and the PCO etc.