Form No:HCJD/C-121

ORDER SHEET
IN THE LAHORE HIGH COURT, LAHORE
JUDICIAL DEPARTMENT

W.P.No.13176/2020

Allah Rakha Mehmood Mughal alias A.R. Versus Government of Punjab and others
Mehmood Mughal
S.No. of order/ Date of order/ Order with signature of Judge, and that of
proceeding. proceeding parties or counsel, where necessary.

04.03.2020 Mr. Muhammad Qasim Mughal, Advocate for the petitioner.

Mr. Asif Mehmood Cheema, Addl. Advocate-General, on
Court’s call.

Main Case
C.M.No.1/2020
C.M.No.2/2020

The petitioner, who is an Advocate by profession, has

brought the instant petition pro bono publico due to the alleged

inaction of the authorities in order to control the violation of the

law and to safeguard the rights of the citizens vis-à-vis the Aurat

March, Lahore 2020 (“the Aurat March”), proposed to be held on

08.03.2020 (the International Women’s Day). The petitioner has

inter alia prayed as under:-

“In view of the above submissions, it is, therefore,

most respectfully prayed that this writ petition may please

be accepted and the respondent-authorities may be

directed to safeguard the fundamental rights of all citizens

and ensuring that law is upheld, and a direction may be

given to the organizers and participants of Aurat Azadi

March to abide by the law, restrictions/conditions

imposed, and especially keeping in sight the glory of the

Islam and public morality & policy.

 It is also prayed that the Aurat Azadi March, in the

context of the case, may be permanently stopped and

persons may be restrained from assembling, holding,

participating, or carrying out the said March in any

manner whatsoever for the sake of justice and dignity of

Islamic Ideology of the Country.

It is also prayed that a direction may also be given

to respondent No.4 to exercise extreme vigilance of

electronic media and should not give media coverage to

objectionable contents.

It is further prayed that any other relief deemed

appropriate in circumstances of the case may also please

be awarded.”

2. At the outset, the learned Addl. A-G. has called into

question the maintainability of the petition by submitting that the

matter of granting an NOC to the organizers of the March is

pending before the District Administration. Indeed, the

petitioner has already moved an application (copy Annexure-D

to the petition) against the grant of that NOC before the Deputy

Commissioner precisely on the same grounds as taken in the

instant petition. The petitioner’s said application is still pending.

3. Further submits that the matter is still under consideration

by the District Administration. If the petitioner has any

objections regarding the March, he may raise them before the

District Administration.
4. When confronted with the above, the learned counsel for

the petitioner admits that the petitioner’s application is still

pending.

5. The learned counsel has also been apprised that the

question of issuance of an NOC to the organizers of the Aurat

march for holding the March came up for hearing before this

Court in C.Ms.No.6 & 8 of 2020 in W.P.No.2816/2020. The

said C.Ms. were disposed of on 03.03.2020 in the following

terms:-

“27. In view of the above, I am persuaded to dispose of

C.M.No.6/2020 and C.M.No.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.”

6. As the matter is still pending before the District

Administration and in view of the afore referred order, dated

03.03.2020, passed in W.P.No.2816/2020, I am not persuaded to

intervene in the matter. The petition is accordingly disposed of

with the observation that the petitioner may pursue his

 application before the District Administration, if so advised.

Needless to add that the petitioner’s application shall be

considered and decided strictly in accordance with the law and

after affording an opportunity of hearing to all concerned.

7. Order accordingly.

Copy dasti on payment of usual charges.

CHIEF JUSTICE
Ishtiaq