Peaceful Assembly and Public Order Act 2024

Article 16 of the Constitution of the Islamic Republic of Pakistan gives a citizen the right to assemble peacefully, subject to any reasonable restriction imposed by the law in interest of public order, and the Peaceful Assembly and Public Order, 2024, expands on the above article by laying out a framework that allows a citizen to exercise their right, though with some restrictions in order to ensure that there is no hindrance in the normal lives of the people. This Act, though, is only applicable to the Islamabad Capital Territory.

Key Provisions and Clauses

SECTION 2 Definition of assembly: an assembly needs any gathering of more than 15 people in a public place even small protests are covered and the law applies to rallies set-ins processions.

SECTION 3 of the above Act lays out the framework by which a citizen could apply to exercise their constitutional right, that being; the event coordinator, who is the one convening an assembly or a rally, has to apply to the district magistrate no later than seven days before the assembly is to be held otherwise the application is subject to be denied by the district magistrate if a reasonable and justifiable ground is not presented.

The Act in Sub Section 2 of Section 3 lays out what is to be included in the application; the contact details of the event coordinator along with the program details, is the event is being held on behalf of an organization then its name would be mentioned as well, the purpose of the assembly is to be mentioned as well alongside the duration, the area where the assembly is to be convened and the anticipated number of participants. The section also lays out that if the assembly is in the form of a procession then the event coordinator must provide the details of the entire and exact route of the procession along with the date and time, when it is to occur, it is even necessary to mention the manner in which the participants are to be transported and the number and types of vehicles that are to be part of the procession.

SECTION 4 of the above Act lays out that the district magistrate before giving permission for the commencement of the assembly must obtain security clearance reports from the law enforcement agencies and give permission accordingly. The section also limits the district magistrate’s power in not allowing an assembly to be convened outside the designated duration and area already defined by the event coordinator, who is to provide the district magistrate with a surety bond regarding the peace and security of the assembly. The section also lays out that a district magistrate could refuse an application for the permission of conducting an assembly, though with reasons that are to be provided in writing, and it also lays out that no assembly could take place without prior permission from the district magistrate.

The district magistrate could, by order in writing, recall or amend any order that has been issued by him previously, by his own motion or by notice from any aggrieved person or law enforcement agency that indicates a risk to national security or a risk to substantial violence and public disorder or were a breach of the terms and conditions that were mentioned in the order of the district magistrate. The Section also lays out that the Government by notification in the official gazette could designate certain areas in the Islamabad Capital Territory as red zones or high security zones, prohibiting all kinds of assemblies in that area.

SECTION 5 Power to ban assemblies: the district magistrate has the authority to prohibit or strictly ban the public assemblies. This power can only be exercised when there are reasonable grounds to believe that allowing the assembly may threaten national security, lead to violence or public disorder, cause serious disruption to daily life, trade or business or when another assembly is taking place at the same time and same location. The purpose of this section is to maintain public order and safety =, not to permanently restrict rights.

SECTION 6 Appeals (an appeal is a formal request to a higher court) and Revisions (powers to a senior court to re-examine the records of a case): this section provides a remedy against decisions made under the act. An appeal may be filed to the chief commissioner within 15 days additionally a revision may be filed before the secretory interior within 15 days. If the authorities fail to decide the appeal or revision within the prescribed time, the appeal or revision shall be deemed to have been accepted, ensuring protection against unnecessary delays.

SECTION 7 POWERS TO DISPERSE ASSEMBLIES: the police can order an assembly to disperse if people refuse the police may use force and arrest and detention will be allowed.

SECTION 8 Punishment: first offence will be up to 3 years of jail. Repeat offences of up to 10 years of jail and fine or both is possible.

SECTION 10 Rule making power: government can make rules under the act which will bring more control through executive rules and will expand government authority.

IMPLEMENTATION AND PRACTICAL EFFECT

The Peaceful Assembly and Public Order Act has been heavily criticized by international human rights organization like Amnesty International, for its use by the authorities in regulating protests and public assemblies despite the right given in the constitution, like how certain protests in Islamabad were deemed illegal, as per this piece of legislation, due to staying past the allotted time or any other small breach committed leading to arrests and imprisonment as laid out in the Act. Human Rights organizations like the one mentioned above have shown concern of the impact this Act would have on local provincial governments, considering the precedent that has been set. The Act also allows the authorities in the banning of convening an assembly in designated areas, considering them as Red Zones, these could potentially be the Parliament or the Prime Minister’s house.

IMPACT ASSESMENT

The law can be viewed as a necessary measure to maintain the public order and protect daily life from disruption caused by unregulated protest with such regulations. Large gatherings could lead to violence, traffic and threat to public safety. However, effective implementation requires fairness and transparency. It is not the responsibility of the state to enforce the law but also the duty of the public to respect legal procedure and protest peacefully. At the same time the government must ensure the law is not misused to silence dissent. Strict but honest enforcement, free from political bias and corruption if applied responsibly the act can balance public order with the fundamental right of peaceful assembly.

CONCLUSION

In view of what has been said or discussed above, this law has made it easy to maintain public order and protect the autonomy of citizens. This has also ensured that no unfair protests take place which violates the peace of the country. If a valid and for a good cause a protest is taking place then it must go through the specific route mentioned in the sections.