ISLAMABAD: The Islamabad High Court (IHC) directed the Secretary Ministry of Interior and chief commissioner federal capital to ensure that no unlawful protest is held in ICT that creates a situation of lockdown or disrupts peace during the period of Shanghai Cooperation Organization (SCO) Summit.
The ICT Administration and the federal government also order to ensure that the assembly is held at the designated place and the participants of this protest are facilitated in that regard. In this regard, the ICT administration shall allocate a place to the PTI for protest/ assembly and its workers shall hold assembly or record their protest there.
A single-judge bench of Chief Justice Aamir Farooq on Saturday heard a petition of President All Traders Welfare Association, Islamabad Raja Hassan Akhtar, who had cited federation through Secretary Ministry of Interior, Chief Commissioner and District Magistrate Islamabad Capital Territory (ICT), Inspector General of Police, Islamabad, and Chairman and General Secretary Pakistan Tehreek-e-Insaf as respondents.
Containers are placed on roads in Lahore ahead of planned protest by the PTI
At the outset, CJ Amir Farooq asked from the petitioner’s counsel what the urgency is. Justice Aamir said: “I generally do not hear cases on Saturdays, but please tell me what the urgency is.” The counsel replied; “Islamabad has been completely shut down for the last two days; businesses are closed, children have exams, and there is daily traffic of 150,000 people.”
The chief justice said: “I can understand the circumstances; I myself passed through areas blocked by containers.” The bench accepting the submission issued notices to the respondents.
Pursuant to the Court’s order, Secretary Interior, and Chief Commissioner ICT appeared before the bench and informed that the members of a political party are heading towards ICT and the respondents are making joint efforts to hold them off and also encouraging them to do so through negotiations.
The petitioner’s counsels contended that life in ICT has come to a halt inasmuch as there are various examinations which are being conducted and the candidates cannot reach the examination centres. Likewise, access to the airport and medical centres is also being hampered.
The counsel submitted that there is an application for interim relief, whereby, an injunction is sought for restraining the PTI workers to make unlawful protests and engaging them in the act that may cause lockdown or disrupt peace in ICT.
The Court noted that under Articles 16 and 17 of the Constitution, the freedoms of assembly and movement are fundamental rights provided to the citizens; however, are subject to reasonable and proportional restrictions in accordance with law. Such restrictions are only justifiable through a legitimate purpose which must be in the best interest of the larger public.
The order said that the maintenance of peace and law and order in ICT is the responsibility of the Ministry of Interior and ICT Administration. However, while performing their duties and functions, the principles of proportionality and legitimacy of public purpose and aim bind the said authorities and prevent harsh or disproportionate restrictions which would otherwise amount to unlawful infringement of rights.
The Court was informed that the position is rather precarious in ICT as workers of a political party have made inroads and are marching towards the Red Zone to gather at a central point which would result in paralyzing the movement of citizens throughout this city.
The order said that in view of the said situation and legal position, the interior secretary and Islamabad administration shall ensure that the law and order situation in ICT is maintained by imposition of reasonable and proportional measures to ensure safety and public order.
The Court was also informed that by invoking Article 245 of the Constitution, the federal government has called in the Armed Forces to ensure peace and law and order. The Court was further informed that Section 144 of the Code of Criminal Procedure, 1898 has also been invoked which makes any assembly or protest unlawful.
The Court’s order said; “In view the provisions of Peaceful Assembly and Public Order Act, 2024, and Section 144 of the Code of Criminal Procedure no unlawful assembly shall be allowed to be held in ICT.”
Copyright Business Recorder, 2024
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