Party and its leadership: PTI demands judicial inquiry into heavy-handed suppression

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) has demanded judicial inquiry by chief justice of Pakistan, along with the two senior most judges of the Supreme Court, into the suppression and targeting of the PTI and its leadership.

PTI founder Imran Khan on Thursday filed a constitutional petition in the Supreme Court, seeking judicial redress over alleged breaches of his party’s fundamental rights.

The PTI submitted that the consistent targeting and harassment of political figures, human rights activists, and their supporters through arbitrary arrests, fabricated charges and prolonged detentions reflect a systematic strategy by the state to suppress the political dissent and undermine democratic participation.

He contended that such action constitutes grave violations of the constitutionally guaranteed rights to life and liberty (Article 9 and 10), fair trial (Article 10A), and freedoms of speech (Article 19), peaceful assembly (Article 16), and association (Article 17).

The petitioner argued that by weaponising state machinery against opposition voices, including prominent PTI leaders and human rights defenders, the state seeks to create an environment of fear, crush public dissent, and subvert the constitutional framework to protect democratic freedoms and ensure political pluralism.

He stated that the misuse of coercive laws, including Section 144 of the CrPC and the Peaceful Assembly and Public Order Act, 2024 demonstrates and excessive and disproportionate restriction on the rights enshrined in the constitution. By imposing blanket bans on public gatherings, requiring onerous permissions, and criminalizing political assemblies, the state subverts the democratic process.

He requested the Court to conduct a judicial inquiry, to be conducted by the Chief Justice of Pakistan, along with the two senior most judges of the Supreme Court, into the suppression and targeting of the PTI and its leadership. It also asked the inquiry assess the extent and impact of political and non-political interference in the function of the state authorities, violation of the oaths taken under the constitution. Identify the responsible and culpable individuals, and taking appropriate action against them.

The petitioner, therefore, requested the Court to issue such declarations, orders, injunctions, and consequential orders as are necessary to ensure the effective restoration and protection of fundamental rights of citizens.

Issue orders and direction prohibiting the abuse of Section 144 of the CrPC by local administration in order to destroy the right of assembly guaranteed by the constitution including direction regulating the issuance of order that prohibit assembly of persons issued under Section 144 CrPC.

Issue orders and directions prohibiting the indiscriminate and unlawful use of detention order under the Maintenance of Public Order Ordinance, 1960 (MPO) against political workers, supporters, civil and human rights activities, and political opponents.

Issue orders prohibiting sequential FIRs against the same persons and declare that the High Courts have the authority and jurisdiction to (i) issue orders restraining the police/authorities from arresting and detaining an accused where there is clear intent to harass and unlawfully depriving the liberty of a citizen, and ii) pass orders that no arrest may be affected without first informing the court.

Copyright Business Recorder, 2024