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Official Citation: 2024 CLC 1012
Court / Jurisdiction: Lahore High Court
Year of Decision: 2023
Decision Date: 2023-03-08
Parties: Sheikh Muhammad Hafeez vs Federation of Pakistan, etc
Ruling Summary: This decision was rendered by the Lahore High Court on 2023-03-08, officially reported as 2024 CLC 1012. In this matter between Sheikh Muhammad Hafeez and Federation of Pakistan, etc, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024 CLC 1012
Court Name: Lahore High Court Judge(s): Mirza Viqas Rauf Title: Sheikh Muhammad Hafeez vs Federation of Pakistan, etc Case No.: W.P. No.3256 of 2022 Date of Judgment:2023-03-08 Reported As: 2023 LHC 845, 2024 CLC 1012 Result: Petition disposed of
JUDGMENT
JUDGMENT Mirza Viqas Rauf, J. This single judgment shall govern three constitutional petitions i.e. W.P.No.3256 of 2022, 3253 of 2022 and 3258 of 2022 as all these petitions stem out from a common incident and canvassing similar questions of law and facts and having similar background as well. Factual Background. 2. The Long March (as given the name as "Haqeeqi Long March") started on 28.10.2022 from Liberty Chowk Lahore under the patronage and leadership of Imran Ahmed Khan Niazi (respondent No.9), the Chairman of one of the largest political party, Pakistan Tehreek-e-Insaf (hereinafter referred to as "PTI"), on the basis of some political demands to be fulfilled by the Federal Government. The Destiny of the Long March was from Liberty Chowk Lahore to Islamabad, the Capital Territory. The participants of the Long March and their leadership when arrived at Wazirabad on 03rd November 2022, they were attacked by unknown assailants with firearms, one of which was arrested at the spot. Unfortunately, in the said incident, one citizen had lost his life and some got injured, including their Chairman. This incident resulted into a change in the object of Long March and also disrupted its normal course. Though a First Information Report (hereinafter referred to as "F.I.R") was registered at the relevant police station qua the incident but it created panic in the camps of "PTI" as the leadership and workers are of the view that said "F.I.R" did not capture the actual facts and it is not in line with their expectations. This prompted the workers and second row of "PTI" leadership generally throughout Pakistan and more specifically within Rawalpindi region to hold demonstrations which includes sit-ins on entry and exit points of Rawalpindi as well as Motorway Interchange of Rawalpindi-Islamabad. The sit-ins started from 05.11.2022 and continued till 11.11.2022 made it impossible for the citizens to enter or move out from the city through any means of
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transport. Those travelling to Islamabad from Murree Road were facing inconvenience while people going to offices and other destinations had been facing traffic jams in large numbers. Public and goods transport remained closed for six days due to the "PTI" sit-ins. Business in the area had come to a virtual standstill on Murree Road and other highways. Citizens including traders, students, doctors, paramedic staff, lawyers, government employees and patients had suffered a great deal from road blockades. Moreso, the life activity was practically paralyzed. The work of the courts within District Rawalpindi was affected practically due to the non-availability of the litigants and their counsel as they failed to attend their cases. Some of the participants of the sit-ins were armed with deadly weapons and they even were not shy to use the same to create deterrence for achieving their goals. This situation remained intact till 11.11.2022, until filing of these petitions, when by way of order dated 10th November 2022, in W.P.No.3253 of 2022 learned Law Officer representing the Province was directed to ensure the presence of the respondents i.e. Commissioner Rawalpindi, Deputy Commissioner, City Police Officer, Chief Traffic Officer and Senior Superintendent of Police (Operations), Rawalpindi as well as some responsible officer on behalf of Chief Secretary Punjab. On the next date, i.e. 11th November 2022, all the concerned officers were directed to submit their respective reports with regard to the matter in issue stating the facts as to at what points, the roads were blocked and what measures were taken till that time to ensure the free movement of the people in terms of Articles 9 & 15 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as "Constitution"). On the very same date, Senior Superintendent of Police (Operations), Rawalpindi and Deputy Commissioner, Rawalpindi undertook before the Court that they will ensure the free movement of the people, in the meanwhile. 3. This was surely the turning point and thereafter almost all places and points were got freed from the protestors. On 16th November 2022, reports in terms of order dated 11th November 2022, were filed by Chief Traffic Officer, City Police Officer and Commissioner Rawalpindi Division, however, reports on behalf of Chief Secretary, Punjab Lahore, Inspector General of Punjab Police, Lahore, Regional Police Officer, Rawalpindi and Deputy Commissioner, Rawalpindi were also requisitioned on the said date alongwith a comprehensive report from Intelligence Bureau on the subject. 4. The gist of the reports submitted by the respective departments is given below:- Ministry of Interior, Islamabad (Respondent No.1) It is mentioned that to review the overall law and order situation in the country in the backdrop of long march, a special meeting was held in which all the Chief Secretaries and Inspectors General of Police participated in which special instructions were parted to all the law enforcement agencies to tackle with the issue at hand through exclusive measures. Moreover, respective governments were asked to deploy requisite force to assist the NH&MP for keeping the national highways, motorways and link roads open. Moreover, a reference had been made to the Ministry of Law & Justice for furnishing constitutional/ legal opinion in the matter, however, the motorways and highways were cleared as a result of these efforts and the inconvenience of the public was averted. Chief Secretary Punjab/Home Department (Respondent No.2) It is reported that as per report of respondent No.3, after the Wazirabad incident, an abrupt emergence of protestors from almost all the suburbs of the city caused the blockade of roads at different points. This caused nuisance in the general public. Keeping in view of 2007 incident, the respondent No.3, alongwith District Administration, Rawalpindi took very cautious measures, it took immediate steps to handle the situation, coordinated with the Home Department, City Police Officer, Rawalpindi and the leadership of political parties. The police was ordered to re- open/unblock the roads. The leadership of political parties was engaged to calm down the protestors. All the blocked points were reopened. The mobs/protestors tried to affect the smooth flow of traffic for three days, but respondent No.3 alongwith District Administration, Rawalpindi
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dealt with the situation time and again. The general public was kept informed about the prevailing situation on daily basis. The traffic was diverted to the alternative routes and the general public was directed to follow the new administrative instructions. Furthermore, social and electronic media were used to ease and inform the general public. Apprehending the law and order situation, the District Administration, Rawalpindi announced three days local holiday in Educational institutions for the safety of children. All the untoward situation was handled leaving no leaf unturned. At present, all the roads are cleared and open and there remains no hurdle in the smooth running of traffic flow. Government of Punjab is committed to ensure the fair and peaceful running of traffic and others administrative affairs within its jurisdiction in future as well. Further, Government of Punjab has acted in accordance with true spirit of law and judgements passed by the superior courts to protect the life and property of citizens in the Province of Punjab. Commissioner, Rawalpindi (Respondent No.3) It is reported that amidst the outcome of Wazirabad incident and in order to avoid 2007 like incident, stern steps to maintain the law and order situation were taken including announcement of three days local holiday in Educational Institutions of the City. Inspector General of Police (Respondent No.4) It is reported that pursuant to order dated 16th November, 2022 passed by the Hon'ble Court, reports were sought from AIG/Operations, CPO Punjab and Regional Police Officer, Rawalpindi. According to the report of AIG/Operations, CPO Punjab, on receipt of letter dated 26th October, 2022 issued by Government of Punjab, Home Department regarding safety and security instructions Long March schedule to be started from 28.10.2022 by "PTI". Directions were then issued to the Addl: IGsP/Special Branch, CTD & PHP, Punjab, CCPO/Lahore, RPOs, Gujranwala, Gujrat, Sheikhupura and Rawalpindi, City Police Officers, Gujranwala and Rawalpindi and District Police Officers, Gujrat, Sheikhupura & Jhelum that a comprehensive strategy be adopted for the foolproof security of the participants during their movements/stay through Punjab to ensure the requisite precautionary and security measures as mentioned in the letter of Home Department. Regional Police Officer (Respondent No.5) It is reported that on receipt of order dated 16th November, 2022 passed by the Hon'ble Lahore High Court, report was sought from the City Police Officer, Rawalpindi. As per report of CPO, Rawalpindi, the members of the political party started protest against attack upon Chairman "PTI" and tried to block the roads in this district, due to which the traffic on the roads was badly affected. The blockade of roads by the protestors created law and order situation and it was apprehension that some untoward incident could be occurred due to which the protestors were handled carefully and urged to vacate the roads. Most of the protestors were camped near the roads which affected traffic flow and it gave semblance of the roads blockade. The district as well as Traffic Police managed the traffic blockade points by pushing the most protestors on one side of the road and the other side was cleared for the two-way traffic. However, once the roads got opened, different groups of protestors arrived and caused traffic conjunction. This continued for three days, however, traffic police gave alternate diversion routes to avoid inconvenience to general public. Moreover, criminal cases were registered at Police Station Taxila and Naseer Abad against the unknown protestors. It is further submitted that the general public was kept informed on daily basis about the prevailing situation and alternate routes of traffic through electronic as well as social media to provide maximum convenience. All the hurdles created by the protestors on the roads have been removed and now at the present all roads are cleared and there is no hurdle in smooth flow of traffic in the jurisdiction of district Rawalpindi. City Police Officer, Rawalpindi (Respondent No.6) It is submitted that due to Wazirabad incident, law and order situation of the country especially Punjab was disturbed. Heavy contingency of police was deployed to tackle the situation and with
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the collaboration of Traffic police, the protestors were pushed on one side of the road leaving the other side for free movement of the transport. Deputy Commissioner, Rawalpindi (Respondent No.7). Effective measures were taken including negotiation with the leadership of political parties to keep the smooth flow of traffic and general public was informed about the situation on daily basis through different modes. National Highways and Motorway Police It is mentioned that National Highways and Motorway Police has very limited mandate to administer and control the traffic related issues on Highways and Motorway, however, after the announcement of countrywide protest by a political party, detailed instructions were conveyed to the NH&MP field formations which includes, inter alia to maintain close liaison with the concerned SDPOs/NHA/FWO and also to remain in touch with the concerned SHOs of the District Police for ensuring deployment of sufficient contingents of police at main toll plazas. Their main focus was to maintain free flow of traffic, ensure the safety of commuters. It is submitted that for the purpose, special police wings in the shape of anti-riot force and police reserves have been established by the local police, while the manpower sanctioned for the National Highways and Motorway Police does not include such anti-riot wings or reserves. Therefore, in such situations, NHMP becomes heavily dependent on local administration and provincial police. 5. In addition to the above, with consent of all in attendance, detailed report was requisitioned from Intelligence Bureau (I.B) vide order dated 16th November, 2022, which was submitted by the learned Law Officer in a sealed envelope on 23rd November, 2022. Though an immunity was solicited qua the said report but after opening of seal and examining the report and material placed in support thereof, I do not find any such material justifying extending of any privilege to the same, so the same may be made part of record. The report is not only comprehensive, supported by relevant material and nearer to the truth as well but contrary to the reports submitted by the Commissioner, Deputy Commissioner, Regional Police Officer, City Police Officer and National Highways and Motorway Police. As per said report, on 7th November, 2022, "PTI" activists blocked major roads leading towards ICT in the jurisdiction of Rawalpindi and Attock districts at different points. These blockades continued till 11th November, 2022 on the following places/points: - a. Shamsabad, Murree Road, Rawalpindi in front of Allama Iqbal Park. b. Gulzar-e-Quaid, Old Airport Road, Rawalpindi. c. Pirwadhai Mor (Towards IJP Road), Rawalpindi. d. Motorway (M-2) Near Village Banjnial, Rawalpindi. e. Motorway (M-1) Near Islamabad Toll Plaza. f. Chak Beli Mor, GT Road, Rawalpindi. g. Mian Misyari Chowk, Murree Expressway, Tehsil Murree. h. Ratta Shah Chowk, Margalla, GT Road, Tehsil Taxila. i. Bypass GT Road, Tehsil Taxila. j. GT Road at Banth Adda, Tehsil Gujar Khan k. Rawalpindi-Kohat Road (N-80) at Dhok Maskeen, Fateh Jhang, District Attock. It is mentioned in the report that the protest was led by "PTI" MNAs/MPAs/ Provincial Ministers. The protestors managed to block all the major roads of Rawalpindi by taking advantage of their own government in the province (Punjab). No effective measures/actions were seen against them by the provincial government. It is also mentioned in the report that two FIRs were got registered at Police Station Taxila and Naseer Abad but against unknown protestors. It is also find mentioned in the report that on the intervening night of 9th/10th November, 2022, persons affiliated with Malik Taimoor Masood Akbar (MPA/"PTI"), Ammar Siddique Khan (MPA/"PTI") and Mansoor Hayat (MNA/"PTI") exchanged harsh words and later opened fire on each other. Resultantly, three persons
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of Ammar Siddique Khan Group got injured, which resulted into registration of FIR No.1464 dated 10th November, 2022 and a cross-version of the same date at Police Station Taxila. 6. Heard. Record perused. 7. The report and the material in the shape of snaps as well as CD alongwith report submitted by "IB" not only discloses the identity of the most of the protestors but the "PTI" MNAs, MPAs as well as Ministers of their ally government in the province. On the contrary, reports submitted by the Commissioner Rawalpindi, Deputy Commissioner, Rawalpindi, Regional Police Officer, Rawalpindi, City Police Officer, Rawalpindi and Home Department are too far from the truth. 8. Before further embarking upon the matter in issue, it would be advantageous to have a glance of the relevant laws conferring power to the Civil Administration and the Police for dealing with law and order situation including the issue at hand. In order to institute a comprehensive system of civil administration in the Punjab for efficient administration, improved service delivery, better coordination, supervision and regulatory enforcement and for ancillary matters, the Punjab Civil Administration Act, 2017 (Act III of 2017) (hereinafter referred to as "Act, 2017") was promulgated. Section 3 of the "Act, 2017" encompasses the domain of Commissioners, Deputy Commissioners and Assistant Commissioners, which reads as under: - 3. Commissioners, Deputy Commissioners and Assistant Commissioners.- (1) The Government shall appoint a Commissioner for each Division, a Deputy Commissioner for each District and an Assistant Commissioner for each Tehsil in the Punjab from amongst the officers of the Service. (2) A Commissioner shall be the officer-in-charge of general administration and principal representative of the Government in the Division. (3) A Deputy Commissioner shall be the officer-in-charge of general administration and principal representative of the Government in the District. (4) An officer appointed under subsection (1) shall perform the functions and exercise the powers under this Act or any other law or as the Government may, by order or notification, assign or delegate. (5) The Commissioner and Deputy Commissioner shall be subject to general superintendence and control of the Government. Functions of the Commissioner, Deputy Commissioner, Additional Commissioners and Additional Deputy Commissioners are laid down in sections 4, 5 and 6 of the "Act, 2017", which are reproduced below: - 4. Functions of the Commissioner.- A Commissioner, in addition to any function under subsection (4) of section 3 and section 15, shall: (a) supervise and monitor the discharge of duties by the Deputy Commissioners in the Division; (b) coordinate the work of all the offices and public facilities in the Division; (c) facilitate and coordinate any work which concerns two or more Districts in the Division or two or more Divisions for purposes of integrated development, efficient use of public resources and effective service delivery; and (d) supervise and coordinate the implementation of the policies, instructions and guidelines of the Government. 5. Functions of the Deputy Commissioner.- A Deputy Commissioner, in addition to the functions mentioned in subsection (4) of section 3 and section 15, shall: (b) coordinate the work of all the offices and public facilities in the district for purposes of integrated development, efficient use of public resources and effective service delivery; (c) support and facilitate the offices and public facilities in the District; (d) ensure that the standards set by the Government in respect of a public facility are fully observed; and
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(e) supervise and coordinate the implementation of the policies, instructions and guidelines of the Government. 6. Functions of the Additional Commissioners and Additional Deputy Commissioners.- (1) The Government may appoint one or more Additional Commissioner in each Division and one or more Additional Deputy Commissioner in each District from amongst the officers of the Service. (2) An Additional Commissioner shall serve under the general administration and control of the Commissioner and shall perform the functions under this Act or any other law or as the Commissioner may, by order, assign. (3) An Additional Deputy Commissioner or an Assistant Commissioner shall serve under the general supervision and control of the Deputy Commissioner and shall perform functions under the Act or any other law or as the Deputy Commissioner may, by order, assign. (4) An Assistant Commissioner may distribute work among the officers subordinate to him in the manner and to the extent prescribed. 9. Section 15 of the "Act, 2017" bestows duty upon the Commissioner, Deputy Commissioner and the Assistant Commissioner, as the case may be, to ensure the maintenance of public order and public safety and safeguarding public or private properties in their respective jurisdictions. For ready reference and convenience, section 15 is reproduced below: - 15. Public order etc.- (1) The Deputy Commissioner on his own, or on the request of the head of a local government or head of the District Police, may convene a meeting for purposes of maintaining public order and public safety and safeguarding public or private properties in the District; and, the decisions taken in the meeting shall be executed by all concerned accordingly. (2) Notwithstanding anything in subsection (1), in case of any unforeseen or sudden situation that threatens or is likely to threaten pubic order, public safety or public and private properties in the District, the Deputy Commissioner and the head of the District Police shall jointly take appropriate action to address the situation. (3) The provisions of subsection (1) and subsection (2) shall apply mutatis mutandis to the Commissioner and Assistant Commissioner respectively in relation to the Division and the Tehsil. (Underlining supplied for emphasis) 10. It appears from the report submitted by the Commissioner and the Deputy Commissioner that they were perhaps oblivious of their duties as ordained under the "Act, 2017". It is though mentioned in the report of Commissioner, Rawalpindi that steps were taken to maintain the law and order situation but practically there was nothing except declaring three days public holiday in educational institutions of the city. It is quite strange that as per report of Deputy Commissioner, he took effective measures including negotiation with the leaders of the political parties to maintain law and order on daily basis through different modes. It is thus apparent from their own reports that the Commissioner and Deputy Commissioner have failed to discharge their duties, rather remained aloof from the critical situation and instead opted to assume the role of reconciliator or mediator, which is not the command of law. 11. It would not be out of place to mention here that on 11th November, 2022, Capt. (R) Shoaib Ali, Deputy Commissioner, Rawalpindi and Waseem, Senior Superintendent of Police (Operations), Rawalpindi, while being in attendance, undertook before the Court to ensure free movement of the people whereafter most of the blocked points were freed by the protestors, which were surely on account of filing of these petitions before the Court. 12. Adverting to the role of police, it is observed that as per command of the Police Order, 2002, the police has an obligation and duty to function according to the Constitution, Law and democratic aspirations of the people. The Police Order, 2002 was promulgated to reconstruct the police for efficient prevention and detection of crime and maintenance of public order. Chapter II of the
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Order lays down the responsibilities and duties of the police. Articles 3 and 4 are more relevant, which are reproduced below for the purposes of convenience: - 3. Attitude and responsibilities of police towards the public. It shall be the duty of every police officer to-- (a) Behave with the members of the public with due decorum and courtesy; (b) Promote amity; (c) Guide and assist members of the public particularly the poor, disabled or physically weak and children who are either lost or find themselves helpless on the streets or other public places; and (d) Aid individuals who are in danger of physical harm particularly women and children. 4. Duties of police.- (1) Subject to law, it shall be the duty of every police officer to- (a) Protect life, property and liberty of citizens; (b) Preserve and promote public peace; (c) Ensure that the rights and privileges, under the law, of a person taken in custody, are protected; (d) Prevent the commission of offences and public nuisance; (e) Collect and communicate intelligence affecting public peace and crime in general; (f) Keep order and prevent obstruction on public roads and in the public streets and thoroughfares at fairs and all other places of public resort and in the neighbourhood of and at the places of public worship; (g) Regulate and control traffic on public roads and streets; (h) Take charge of all unclaimed property and to prepare its inventory; (i) Detect and bring offenders to justice; (j) Apprehend all persons whom he is legally authorized to apprehend and for whose apprehension, sufficient grounds exist; (k) Ensure that the information about the arrest of a person is promptly communicated to a person of his choice; (l) Enter and inspect without a warrant on reliable information any public place, shop or gaming- house where alcoholic drinks or narcotics are sold or weapons are illegally stored and other public places of resort of loose and disorderly characters; (m) Obey and promptly execute all lawful orders; (n) Perform other duties and exercise powers as are conferred by this Order, the Code or any other law for the time being in force; (o) Aid and co-operate with other agencies for the prevention of destruction of public property by violence, fire, or natural calamities; (p) Assist in preventing members of…
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