Today, I have to discuss unlawful Assembly. Basically, this subject is relevant to Pakistan Penal Code and Criminal Procedural Code. Now I am dividing this topic into four parts. This technique will help you to understand easily.
Constitutional of Pakistan-1973: The constitution of Pakistan has been allowed peacefully demonstration against the government. This is fundamental right of public to express their views in front of government.
Pakistan Panel Code (PPC): On the other hand, PPC has defined the unlawful Assembly five or more person demonstration against the government or breach the public peace and takes laws into own hands.
Criminal Procedure Code: Section 128 CR.PC has empowered to civil forces to handle these type of situation with the approval of the Magistrate. In this regard, magistrate has been issued written instructions to the civil forces how to control unlawful Assembly U/S.130. Frankly, I tell you, the civil force means Police, paramilitary forces and Rangers etc. On the other hand, Military forces are including i.e, (Air forces, Navy and Army commanders). Here we talk about civil forces not Military forces. (U/S.131 CR.PC)
The Section 129 CRPC is very important and gives wider power to Assistant Superintendent of Police (ASP) and Deputy Inspector of Police (DSP). The APS or DSP has empowered to give order for shooting or firing on dispersal of unlawful Assembly from Public place. However, the SHO has bound to takes order from ASP or DSP for shooting. No one have right to challenging this matter forum of the court. The general presumption about police cannot open fire or directly shooting to the public is wrong. The police have empowered U/S.129 CR.PC to open fire to dispersal the mob from public place. Those who have died during shooting are exempted from punishments. No one allow to registered a complained against Public officers.
(Section-128 to 131 CR.PC)
ACCORDING TO SHARIA
I have given the reference of the reign of fourth Caliph Hazrat Ali R.A”. Muslims should read this reign and find the cure. How we play our due role in the modern world. The Tahreek-e- Labbaik Pakistan TLP demonstration were not upto the right mark. The way which they have adopted to demonstration against government was wrong. Their demands are totally unconstitutional as well as against the Islam spirit and Sunnah. Recently, they have to approach to the Interior ministry to left the ban.