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The Supreme Court on Wednesday granted one day to Pakistan Awami Tehreek (PAT) and Pakistan Tehreek-e-Insaf (PTI) to ensure free movement of traffic by clearing one lane of multi-lane Constitution Avenue by Thursday (today). A five-member bench of Chief Justice Nasirul Mulk resumed the hearing of identical petitions filed by Supreme Court Bar Association (SCBA), all the provincial High Court Bar Associations and Islamabad District Bar Association against sit-ins on Constitution Avenue.
During the course of proceedings, the bench issued directives to the Registrar, Attorney General for Pakistan (AGP), counsel for PAT and PTI and petitioners to visit the sit-ins at Constitution Avenue and submit a report over free movement of traffic on single lane of the thoroughfare. The Chief Justice observed that PAT and PTI counsel had claimed that one lane of the Avenue had been cleared but in reality the situation was quite different.
The Chief Justice further said there were still obstructions on the Avenue, saying the lawyers, litigants and court staff were being frisked by PAT workers deployed on the road. Responding to a query of the Chief Justice, the PAT counsel, Barrister Ali Zafar, said that party workers became emotional and went out of control in response to the profundity of eloquence of their spiritual leader Dr Tahirul Qadri.
Justice Asif Saeed Khosa observed that the court considered Constitution as well as protection of democracy more important than Constitution Avenue. Justice Khosa further revealed that the main objective of the court was to safeguard Constitution and cited the court had earlier ordered the national institutions that they must show restrain from taking any extra-constitutional measure to address the prevailing sit-ins.
In response to apprehensions of petitioners about clamping martial law in the country, Justice Khosa remarked that in the past four attempts were made by an 'orthopaedic' surgeon for a neurosurgery procedure, adding that they must not be allowed to make fifth attempt to do so. Opposing any unconstitutional step, Hamid Khan, the counsel for PTI, assured the bench that his client would not support any extra-constitutional move in the country.
Khan requested the court to exercise its suo motu power to address the concerns of protesters of sit-ins, however, the bench turned down his plea, saying if anybody intended to get remedy he should file a petition. Justice Mian Saqib Nisar asked PAT and PTI counsels to make their efforts towards saving the Constitution of Pakistan. Expressing his concern over the ongoing sit-ins on Constitution Avenue, Justice Anwar Zaheer Jamali remarked that if a sit-in of 50,000 people succeeds, "next time, 200,000 people may be in a position to topple a government." In response to the contentions of both the parties' counsel about the hardships of people due to placement of containers across the twin cities, Justice Jawwad S Khawaja said that the government had blocked roads due to security concerns. Later, the hearing of this matter was adjourned till Thursday (today).

Copyright Business Recorder, 2014

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