What is unlawful assembly? Under what circumstances a member of a unlawful assembly commits an offence in prosecution of common object of the assembly.

Q. Define unlawful assembly. When it becomes riot? Explain fully. (2003) (200) (2001)
Q. What is unlawful assembly? Under what circumstances a member of a unlawful assembly commits an offence in prosecution of common object of the assembly. (2002) (1999) (1999 Annual) (1998) (1994)
Q. When member of unlawful assembly commits an offence in prosecution of common object of the assembly and how dose it effect other member of the Assembly. (2004/S) (2005/A)
1. Introduction:
Chapter VIII of P.P.C deals with the offences against public peace. If many persons assemble together to disturb peace and order, the trouble becomes magnified and deserves special treatment. Section 141 to 160 deals with these special offences, and provides punishments as such.
2. Relevant provisions:
Following are the relevant of P.P.C regarding the concerned topic.
Section 141 to 149 P.P.C.
3. unlawful ASSEMBLY u/SEC 141:
An assembly of five more person is designated an unlawful assembly, if the common object of the person composing that assembly is.
First To overawe by criminal force or show criminal force, the federal or any provincial Govt. or Legislature or any public servant in the exercise of the lawful power of such public servant, or
Second To resist the execution of any law, or of any legal process or
Third To commit any mischief or criminal trespass other offence, or
Fourth By means of criminal force or show of criminal force to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of right of way or the use of water or other incorporeal right of which he is in possession or, enjoyment or to enforce any right or supposed right. Or
Fifth By means of criminal force or show of criminal force to comply any person to do what he is not legally bound to do or to omit to do what he is legally entitled to do.
(I) Ingredients Of Sec 141:
Following are the ingredients of unlawful assembly.
(i) Assembly of five or More Persons:
To constitute unlawful assembly, it must consist of five or more persons. If the number of person is less than five, it would not constitute unlawful assembly even if the members have one of the five specified objects as their common object.
(ii)Common Object:
The essence f the offence is the common object of the persons forming the assembly. Whether the object is in their minds when they come together or whether it occurs to them afterwards in not material what in necessary is that they should all be aware of it and concur in it.
(iii)Object Must be Specified in Sec. 141:
The common object must be one of the five objects specified in section 141. A member of an unlawful assembly is guilty of an offence u/sec 141, when the common object of that assembly is of following types.
a. To Overawe Federal, ‘Provincial Govt. Legislature or public:
A person kept by superior influence is awe, so that he fears to do what the law empowers him to do is overawed. When the common object of an assembly is to overawe federal, provincial Govt. orLegislature or pubic servant in the exercise of the lawful power of such public servant, all person of the that assembly are guilt of an offence.
b. To Resist:
When the common object of an assembly is to resist the execution of any law or of any legal process e.g. warrant , attachment etc, the members of that assembly are regarded as member of unlawful assembly.
c. To commit Offences:
Although third clause specifies only two offences, viz mischief and criminal trespass but the words others offences seem to denote that all offences are included.
d. To Interfere Rights Attached With Property:
When the common object the assembly is to take-possession of any property or deprived any person of the enjoyment of a right way or use of water or other incorporeal right or to enforce any right, by the use of criminal force or by show of criminal force, that assembly will be designated as unlawful assembly and members will be punished as such.
e. Compulsion to Any person:
When the common object is to compel any person to do what he is not legally bound to do or to omit to do what he is legally entitled to do e.g. to restrict police officer to arrest.
(II) Turning Of Lawful Assembly Into Unlawful One:
According to explanation to sec. 141, an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.
4. Membership Of An Unlawful Assembly U/sec 142:
Whoever intentionally joins unlawful assembly or continues in it, being aware of the facts which renders an assembly an unlawful assemble is said to be a member of unlawful assembly.
5. Punishment U/Sec 143:
Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six months or with fine or with both.
Unlawful Assembly
Case Law
1994 Sc MR 588
It was held that in order to punish, the prosecution must prove and presence of each accused.
6. Punishment Where Person Armed With Deadly Weapon U/Sec 144:
Where member of an unlawful assembly is armed with a deadly weapon or with anything which is liked to cause death, shall be punished withimprisonment of either description for a term which may extend to two years or with fine or with doth.
7. Rioting:
(I)Defintion U/Sec 146:
Whenever force or violence is used by an unlawful assembly or by any member thereof, in prosecution of the common object of assembly, every member of such assembly is guilt of the offence of rioting.
(II)Ingredients:
Following are the ingredients of an offence of rioting.
(i) Use of Force or Violence:
There must be use of force or violence by an unlawful or any member thereof to constitute an offence of rioting, it is not necessary that the force violence should be directed against any particular person or object.
(ii)By Unlawful Assembly or Any Member:
The force or violence must be use by an unlawful assembly or any member of it. So to constitute an offence of rioting all the ingredients of section 141 need to be fulfilled.
(iii)In Prosecution of Common Object:
Such force or violence should have been used in prosecution of the common object of such assembly.
(III)Punishment U/Sec 147:
Whoever is guilty of rioting shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.
(Iv) punishment Where Rioting armed with a deadly weapon or with another which, used as a weapon of offence, is likely to cause death, shall be punished withimprisonment of either description for a term which may extend to three years or with fine or with both.
A person cannot be found guilty under this section unless he actually has a dangerous weapon in his hands. (PLD1981 SC286)
8. Conclusion:
To conclude, I can say, that the law discourages tumultuous assemblage of men to preserve the public peace. It defines what an unlawful assembly is and provides punishments for such an assembly.

Define and illustrate various kinds of rights under Islamic jurisprudence.

Q. What is meant by public and private rights? Which one is more important and why (1996, 2003, 2006/S)
Q. Define and illustrate various kinds of rights under Islamic jurisprudence. (1998)
1. Introduction

Islam is a complete code of life. It has prescribed rules for the regulation of individual as well as collective life. These rules are regarding rights of different men in different walks of life. These rights reveal what is beneficial and useful and it also corresponds to a duty on some person.
2. Classification of rights
Rights having regard to the person of inherence, are principally classified by Muslim jurists into following kinds.
(i) Rights of Allah or public rights
(ii) Rights of men or private rights
3. Public rights
Public rights are those rights, which involve benefit to the community at large and not merely a particular individual. These are referred as rights of Allah, because f the magnitude of the risks involved in their violation and of the comprehensive benefits which would result from their fulfillment.
(I) Types of public rights
Public rights may be discussed under the following heads.
(i) Pure right of Allah
There are certain matters which are purely the rights of Allah. Involving benefit to men generally.
Example:
The infliction of the punishment of hadd for theft.
(ii) Mixed right or Allah and men
There are certain matters in which the right of Allah and men are combined, but the rights of Allah is dominant or supersedes.
Example:
The right to punish a slander who imputes unchastity to another person because it infringed the right of both the community and an individual.
(II) Classification of public rights
According to Muslim jurists public rights are classified into the following categories.
(i) Acts of devotion viz, faith of Iman and the consequential duties that is prayers, Zakat, Hajj, Fasting.
(ii) Punishment of perfect nature such as Hadd for theft, adultery etc.
(iii) Punishment of imperfect nature such as depriving a man who has killed another, of his right of inheritance.
(iv) Matters which have elements of both devotion and punishment, such as atonements for the non-discharge of certain obligations.
(v) Acts of devotion involving an impost consisting in a obligation to make payments out of one’s possession. Such as the giving of certain appointed alms at Eid-ul-Fier.
(vi) Imposts having the sense of worship, such as Ushr by a Muslim owner of lands certain description.
(vii) Imposts having sense of punishment such as Khiraj and land tax, originally leviable from non-Muslim.
(viii) Acts or rights which exits by themselves. These are the rights in respect of which there are the rights in respect of which there are no active duties imposed on any particular individual for example one fifth of the booty obtained in religious wars which are reserved by law for distribution among the poor.
4. Private rights
Private rights are those rights which involve benefit of an individual.
(I) Types of private rights
Private rights may be discussed under the following heads.
(i) Pure rights of individual
There are certain matters which are entirely the right of individual men.
Example:
Right to the enforcement of contract. The enforcement of this right is entirely at the option of the individual whose right is infringed.
(ii) Mixed rights of Allah and men
There are certain matters in which rights of Allah and men are combined but the right of men, that is, private right is dominant or supersede.
Example:
Qisas, which is a punishment for murder or voluntary hurt comes into this category, and the person injured may pardon the offender.
(iii) Classification of private rights
(i) Rights to safety of person
(ii) Right to reputation
(iii) Rights of ownership
(iv) Family right-including
(a) Marital rights
(b) Rights of guardianship
(c) Right of children and poor relatives
(d) Right to succession and inheritance
(v) Right to do lawful acts
(vi) Right to contract
5. Difference between public and private rights
The main difference between public and private rights are as under.
(I) As to enforcement
Public right is enforced by the state while the private right is enforced at the option of the party whose private right is infringed.
(II) Pardon or condonation
Public right cannot be waived or pardon or condoned while in private right, whether to pardon the wrong-doer or to insist upon redress.
6. General divisions of public and private rights
Public and private rights, generally divided into following classes.
(i) Independent and dependent rights
(ii) Original and substitutory rights
Independent rights are those which imposes no corresponding obligation on any particular individual, through it is a duty of all alike not to infringe it. In English jurisprudence, it is called right in rem.
Dependent rights are those, that exist against a particular person who is under towards the possessor of the right. In English jurisprudence it is called right in person.
(III) Original and substitutory rights
The jurists further classified rights into original and substiturory rights. For instance, the right of God to require the performance of ablutions with water before he says prayer is an original right, but in case of sickness, ablution by rubbing one’s hands and face with earth is allowed as substitute. In Englishjurisprudence, this is called antecedent and remedial right.
7. Conclusion
To conclude, I can say, that the rights are useful and necessary for the individual, for the society and for the state. Islamic law provides certain rights which are described as public and private, and these are based on Haqooq Allah and Haqooq-ul-Abed. Haqooq Allah are rights of Allah corresponds topublic rights because it is welfare of the society at large.