The brief facts out of which the present writ petition arises are that the petitioner filed this writ petition with the prayer that the celebration of festival of Basant/Jashn-e-Baharan, be declared illegal, un-Islamic, ur Constitutional, amounts to wastage of public money and the respondents be directed to make immediate efforts for the release of Pakistani citizens in Cuba, Afghanistan and India, in the larger interest of justice, coupled with the prayer that respondents be permanently restrained to continue with the activities in connection with the Basant/Jashn-e-Baharan and the money reserved for the purpose be directed to be spent on defence and poverty elevation etc.
2. The petitioner submits that the respondents malafidely changed the name of function as Jashn- e-Baharan instead of Basant on the ground that festival of Basant is a Hindu festival. He further submits that respondents have initiated celebration of Jashan-e-Baharan/Basant at Race Course Park and other parks of Lahore under the supervision of Parks and Hoticulture Authority. Different programmes have already been arranged for the said purpose. The petitioner further highlights that our beloved country came into existence in the name of Islam but unfortunately due to our ill- activities like celebration of Basantaashne-13aharan, we have only been able to become self- sufficient in the manufacture of kites, cricket etc. But are badly lacking behind in the field of education, advance technology, ethics and morality as compared to the other parts of the world who had already achieved development in modern technology. He further urges that our Muslim brothers in Phillestine, Kashmir and Afghanistan are being butchered in a highly merciless manner due to which India has got courage to employee their armed forces at our borders. Lot of Pakistani Taalbaans have been dropped in Cuba and are confined there and it is also reported that various Pakistanis were shifted in different countries who were arrested in the war of Afghanistan. The families of those Pakistanis are in a very bad shape but the respondents are busy to celebrate the aforesaid fiction almost all the media is publishing the programmes at the national costs with regard to the aforesaid festival which is not in the interest of nation and is not in accordance with Constitution. He further submits that it is the duty and obligation of the respondents to obey the command of the Constitution whereas the action of the respondents is in violation of the preamble of the Constitution Articles 2, 2A, 9, 14, 31, 37 and 227 of the Constitution. He further urges that it is the duty of the respondents to enact the law in view of the enforcement of Shariat Act, 1991. He further submits that only one person of the total population of. The country is celebrating Basant/Jashn- e-Baharan and is creating difficulties to the remaining peoples of Pakistan. The fundamental rights of 99% of the people of Pakistan are violating as is evident from the news items appeared in the daily newspaper that young boys or persons walking on the road were injured or sustained injuries due to the activities of one person.
3. The learned Advocate-General, Punjab submits that the High Court cannot give a direction under Article 199 which is not specifically provided in law, meaning hereby that the High Court, can givel only those directions for which the provision is made in law. In support of his contention, he relied upon the following judgments:-- ' Muhammad Yousaf's case PLD 1969 SC 153 and Ramzan Welfare Trust's case PLD 1997 Lah.
235.
' He further submits that respondents had already taken specific measures to save the life of innocent persons in obedience of the direction already given by this Court in IntraCourt Appeal filed by the petitioner, before this Court.
4. Mr. Sher Zaman Khan Deputy Attorney-General for Pakistan adopted the arguments of the learned Advocate-General, Punjab, Ch. Aitzaz Ahsan, Advocate present in the Court in connection with his case, he entered appearance and submits that Jashn-eBaharan is a local festival which has been celebrated since centuries on account of the change of weather in the month of February. The petitioner failed to point out any provision of Constitution or Injunctions of Islam which prohibits to celebrate Jashn-eBaharan. It is the duty of the State to provide social justice to all the sections of society. He further submits that State is bound under Articles 37 and 38 of the Constitution to make provision for securing just and humane conditions of works secure the well- being of the people, inter alia, by raising their standard of living and ensuring equitable adjustment of rights between different sections of life. He further urges that job opportunities are very rare in our country, this trade provides job opportunities to a large number of size of sections who are not otherwise in a position to earn their livlihood. It is also the duty of the State to provide public entertainment to the citizens of Pakistan. He summed up his arguments that writ petition is not maintainable as this Court has no jurisdiction to take the role of Legislature or policy-maker, this Court has only jurisdiction to interpret the law and in the garb of interpretation this Court has no authority to usurp the authority of the other organs. The petitioner in rebuttal submits that due to celebration of such festivals huge public exchequer is wasted. The whole nation is under debt of the I.M.F. And World Bank and, therefore, is not in a position to progress or develop its own Industry qua the modern technology or in other fields.
5. I have given my anxious consideration to the contentions of the petitioner, Advocate-General, Punjab, Deputy Attorney-General for Pakistan, and Ch. Aitzaz Ahsan, Advocate and perused the record myself.
6. It is better and appropriate to reproduce the prayer of the petitioner to resolve the, controversy between the parties. As far as the' direction to the respondents that Jashn-e-Baharan/Basant festival is un-Islamic, this Court in view of Article 203-G of the Constitution has got no authority in law to determine the same as per principle laid down by the Division Bench of this Court in Muhammad Ramzan's case 2001 CLC 158. The learned Advocate-General, Punjab has stated that respondents in obedience of the direction of this Court had already placed on record necessary measures taken by the respondents in the earlier round of litigation. The salient features of the earlier undertaking was highlighted by, the Advocate-General, Punjab which is to the following effect:-
(i) Imposition of order under section 144, Cr.P.C.
(ii) Security bonds are taken from the citizens in the sum of Rs,5,00,000 each in ensuring good behaviour.
(iii) Operational Special Teams are constituted.
(iv) Penal action is being taken against those who are found guilty.
(v) And General public is also warned against the use of metal wire for kite-flying or any aerial firing.
(vi) Massive publicity is also being done in this behalf.
' The question of law in this regard has already been decided by the Division Bench of this Court in I.C.A. No,41 of 1998 in M.D. Tahir, Advocate's case 2001 CLC 1180.
7. For the reasons recorded therein this writ petition is disposed of in the following terms:-
(a) Respondents are directed to act in accordance with their undertaking aforementioned. Let a copy of the writ petition be sent to the Council of Islamic Ideology who is directed to consider the same and sent its recommendation to the competent bodies for further action.
(b) Copy of the writ petition be also sent to the respondents who are directed to look into the view of the petitioner at the time of framing policy. Respondents are further directed to look into the matter personally qua the second prayer with regard to the release of Pakistani citizens in the larger interest of justice.
7. In view of what has been discussed I above, this writ petition is disposed of in the I-1 above terms.