Text of The Peaceful Assembly and Public Order Act, 2024

Just before PTI’ September 8 gathering, the parliamentarians from ruling coalition passed “The Peaceful Assembly and Public Order Bill, 2024” from Senate and National Assembly. The President Asif Ali Zardari signed it into the law on 6th September. This controversial legislation is result of the combined efforts of following Senators from five political parties:.

1. Senator Saleem Mandviwalla from Pakistan Peoples Party Parliamentarians (PPPP)
2. Senator Samina Mumtaz Zehri from Balochistan Awami Party (BAP)
3. Senator Irfan-ul-Haque Siddiqui from Pakistan Muslim League Nawaz (PMLN)
4. Senator Syed Faisal Ali Subzwari from Mutahidda Qaumi Movement Pakistan (MQMP)
5. Senator Umer Farooq from Awami National Party (ANP)

Below is the full text of The Peaceful Assembly and Public Order Act, 2024 (ACT NO. XIX OF 2024).

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 6th September, 2024, is hereby published for general information:- ACT NO. XIX OF 2024 AN ACT to regulate the holding of public assemblies at certain places in Islamabad Capital Territory and to provide for matters ancillary thereto.

WHEREAS the Constitution of Pakistan guarantees every citizen the fundamental right to assemble peacefully and without arms. and freedom of, speech and expression subject to reasonable restrictions imposed in the interest of public order.

AND WHEREAS to maintain and preserve public peace and public order it is necessary to regulate holding of peaceful assembly in order to protect the fundamental rights of other citizens and to preserve public and private property and to ensure daily lives of the citizens are not hindered and public functionaries are able to perform their duties smoothly.

It is hereby enacted as follows:

(3) It shall come into force at once.

2. Definitions.-

ln this Act, unless there is anything repugnant in the subject or context,-

(a) “Assembly” means any public, religious or political gathering, rally, sit in or concourse of more than fifteen persons in or on any public road or any other public place or premises wholly or partly open to the air;

(b) “Authorized member” means any officer not below the rank of grade 17 of Islamabad District Administration or ICT Police’

“Chief Commissioner” means Chief Commissioner of ICT;

“District Magistrate” means the Deputy Commissioner of ICT;

‘Designated area” means place within limits of Moza Sangjani Islamabad or any other area specified by the Government, by a Notification in Official Gazette;

(g) ‘Event Coordinator” means any person who, of his own accord, convenes an assembly, or is the head of rallies, or in relation to any organization or branch of an organization, any person appointed by such organization or branch to oversee or coordinate events;

(h) “Government” means the Federal Government;

“Code” means the Code of Criminal Procedure, 1898;

1. Short title, extent and commencement.{ l) This Act may be called the Peaceful Assembly and Public Order Act, 2024.

(2) It extends to the Islamabad Capital Territory.

(i) “Organization” means any association, unions, group or body of persons, whether or not such association, unions, group or body has been incorporated, established or registered in accordance with any law’;

“Prescribed” means prescribed by rules made under this Act; (k)

“Regulation” means regulations made under this Act; and (l) ”Rules” means rules made under this Act.

3. Application of the Assembly.(1) The Event Coordinator of the assembly shall apply in writing under his signature to the District Magistrate not later than seven days of the intended date of the assembly: Provided that if the application is not filed earlier than seven days of the intended date of the assembly, the District Magistrate may decline the permission if Event Coordinator fails to provide justifiable and reasonable grounds for late filing of the application: Provided further that no application for holding of assembly shall be entertained if file less than forty-eight hours of the commencement of the assembly.

(2) The application referred to in sub-section (l) shall provide the following information :-

(a) The name, address, copy of CNIC, programme details, telephone and facsimile numbers, if any, of the Event Coordinator; (b) The name of the organization on whose behalf the assembly is maintained or, if it is not so maintained a statement that it is maintained by the Party head; The purpose of the assembly; The time, duration and date of the assembly; One of the designated places where the assembly is to be held; The anticipated number of participants; and in case of the assembly in the form of a procession- (i) The exact and complete route of the procession;

The time and the place at which participants in the procession are to be assembled. and the time when and the place from which the procession is to be commenced; (iii) The time when and the place where the procession is to end and the participants are to disperse: (iv) The manner in which the participants will be transported to the place of assembly and from the point of dispersal; and (v) The number and types of vehicles. if any, which are to form part of the procession.

4. Permission for Assembly.

(1) Upon receipt of Application, the District Magistrate, before granting permission shall examine the prevailing law and order situation and obtain security clearance reports from law enforcement agencies.

(2) On examining the law and order situation and upon receipt/ obtaining of required reports from District Magistrate. shall grant permission accordingly.

(3) The District Magistrate shall not permit any assembly in any other area other than the defined designated area.

(4) The assembly shall proceed and take place at the specified locality or route, in the manner and during the date, time and defined designated area mentioned in the order and the District Magistrate may obtain any surety bond in this regard from the event coordinator regarding peace and security of the assembly.

(5) The District Magistrate may refuse the issuance of the permission with reasons to be recorded in writing.

(6) No assembly shall take place without prior permission of the District Magistrate.

(7) The District Magistrate may, by order in writing, recall or amend any order passed by him on his own motion or his notice by any aggrieved person or by law enforcement agencies indicating risk to national security, substantial risk of violence, public disorder or breach of any terms and conditions mentioned in order of the District Magistrate.

(8) The Government may, by notification in the official Gazette, designate a specific area of the ICT as a Red Zone or High Security Zone. thereby, prohibiting all typcs of assemblies in that area.

5. Power to Impose Ban on Assemblies, ( I ) The District Magistrate shall have the authority to impose a ban on any assembly,within the ICT if,–

(a) the assembly poses a risk to national security or public safety;

(b) there are credible reports from law. enforcement agencies indicating a substantial risk of violence or public disorder;

(c) the assembly disrupt the daily activities of the community, impede the movement of people and goods, or infringe upon Article 18, which ensures the freedom of business and profession; or

(d) another procession or assembly is already ongoing within the ICT, and the additional assembly would increase disruptions or pose additional security risks.

(2) The order for a ban shall be issued in writing, stating the specific reasons for the ban, and shall be communicated to all relevant authorities.

(3) The ban shall remain in force for the duration specified by the District Magistrate, which may be extended if the conditions necessitating the ban persist.

(4) . Any person or organization affected by the ban may file a revision before the Chief Commissioner within fifteen days of the issuance of the order.

6. Appeal and Revision.(1) The Event Coordinator or any person concerned aggrieved by an order passed by the District Magistrate, may file an appeal in writing before the Chief Commissioner within fifteen days. (2) The Chief Commissioner after hearing the appeal and obtaining reports from the District Magistrate and the law enforcement agencies may,_ (a) reject the appeal and confirm the decision of the District Magistrate

(b) allow the appeal in whole or in part or vary the decision of the District Magistrate;

(c) set aside the order of the District Magistrate and pass a fresh order

(3) The Event Coordinator or any person concerned aggrieved by an order passed by the Chief Commissioner may prefer a Revision in writing before the Secretary of Ministry of Interior within fifteen days of the order’

(4) The Secretary Ministry of lnterior after hearing the revision petition and obtaining reports from the Chief Commissioner and the law enforcement agencies may,-

(a) reject the revision and confirm the decision of the Chief Commissioner;

(b) allow the revision in whole or in part or vary the decision of the Chief Commissioner;

(c) set aside the order of the Chief Commissioner and pass a fresh order:

7. Assembly to disperse on command of the District Magistrate or an Authorized member:,

(1) An officer in charge of a police station, on the instruction of the District Magistrate, may command any assembly likely to disturb the public peace to disperse. lt shall then be the duty of the members of such an assembly to comply and disperse accordingly.

(2) If, upon being so commanded, any such assembly does not disperse, or of, withoust being so commanded, it conducts itself in such a manner as to show a determination not to disperse at the scheduled time, any officer-in-charge of a police station may proceed to disperse such unlawful assembly by force and. if necessary. arrest and detain the members of such unlawful assembly.

8. Punishment:.

(1). Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

(2) . Whoever, having been convicted by a court in Pakistan of an offence punishable under this Act with imprisonment for a term of three years or more, shall, for every subsequent offence, be subject to imprisonment for a term that may extend to ten years.

9.Jurisdiction to try offences._The first class magistrate shall have the jurisdiction to try an offence cognizable under this Act.

10.Rules.-The government may, by Notification in the official Gazette. make rules for carrying out the purposes of this Act.