Public peace is a state responsibility

Firstly, we need to understand what is public peace?  Which is actually the right of the public at large in front of a private person. Creating public disruption is a crime and protection against such crime is a constitutional right which is guaranteed by the state through the executive and judiciary.

This constitutional right is derived from the fundamental rights defined in the chapter 1 of the Constitution of Pakistan. Where describing the fundamental right there are also these rights are subjected to the public peace and order of the state.

Such as In Article 15,16,17 while define the right of free movement, assembly and association these all right are subject to the public interest and peace which means that every person has the right of free movement of until and unless the person is not disturbing the public movement or public peace.S9 also talk about the security of a person life or liberty, this shows that security of a person at any cost could not be in danger and while consideration of public peace a lot of lives are at danger.

There has also been mentioned in the Article 19 about the protection of public order in the implementation of the freedom of speech. Public order has been always put first in the constitution of the Pakistan. So these guarantees and protections has made the public peace as the constitutional right of the citizens. This shows that the state has a strict liability in the protection of public peace and stop and public disruption. For example, IF a single individual while enjoying its right of freedom of speech say anything derogatory to a religious group or personality which could cause a threat to the public peace at large then there would be public peace would be considered a more important right to behold because a number of public persons are going to effect through this right.

 Therefore, this constitutional right has become the responsibility of the sate. The state through its means protect this right. State make such laws and other rights of the individuals that are subjected to public peace and order in any case. Which means that these laws and rights are only applicable when there is no threat to the public peace.

The biggest and loud example of such protection is the preventive detention A10(3) which is an exception to the fundamental right of Safeguards to arrest and Detention A10.Preventive detention is a protection to public peace and order.IN such a detention the safe guards mention in article 10 are not applicable just because of the public peace threats and we have seen that number of persons has been arrested through this in the martial law era mostly politicians because they are trying to threat the public peace.

The state also try its best to imply these protection through the institution of the states such as judiciary and the executive.The law enforcement agencies play a key role in implementing these laws and making sure that the public peace is not being disturbed at any cost.

It has also become the right of the citizens as well as they could demand an action of the state against any such threat to public peace, life and property but it is the state discretion to apply or not. Most of the time state itself implement its order after considering the circumstances.

So this sums up that Public peace, life, and property are an essential rights of the citizens of the state and they must be apply when needed and they are a superior right over the individual right of peace, life and property of an individual.

Secondly, It is applied through the executive orders and judicial orders. First of all it is the duty of the executive to implement such laws and maintain the public peace and protection to the public life and property. Such as Commissioner is responsible to do all things Commissioner could order on such public matters. This office tries it best to stop any disruption to the public peace as in case of any riot or unlawful assembly it is his duty to go on the premises after the consideration to negotiate with the assembly or order it to be dispersed upon which the police could take action if any such unlawful does not disperse after the commissioner order.

Such as the power of Commissioner to impose section 144 of Crpc shows that this house holds the power to prevent any threat to public peace, life or property. So this makes it also a legal obligation of the executive to protect this public right and made orders to promote public peace, life and property. This became helpful for the public right to life in case of any danger to the general public or any specific group

It is also a legal obligation of the judiciary to make orders as such to protect the rights of the citizens and in these all rights the right of public peace,life and property is the most fundamental one because it is exercise as a large number of persons of the public and as a majority right of the society it always preferential right.

Judiciary rules in the favour of public right in case of any conflict between the individual right and public right of public peace.

For Example if there is any individual right which is infringing the public at large and cause threat to public life, liberty or property the courts would consider that this right of the individual must restrain in order to grant the public right because more people are going to effect in case of violation of the public right.

Conclusively, this shows that public peace, life and security is very fundamental right which is derived through the constitution and become a preferential right over the individual right. It is the right which is a legal obligation over the state and the state has too fulfill this right through its organs.

The threat to the public property is also needed to be protected because public places and property is very much in the ownership of the state and damage to such property is consider as the attack on the state so state must needed to protect such places.

The executive has its own way to fulfill its obligation through its orders and recommendations, they could also use force to protect the threats to public peace, life and property. Such as the help of Police taken by the state to implement these laws an protect the public right.

Even in the state of emergency or utmost threats to this public right armed forces of Pakistan could also be called to stop these threats such as the Rangers in Karachi are called by the provincial government to eliminate the threat to the Karachi which also comes under the public right.

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