ISLAMABAD: The Islamabad High Court (IHC) restrained the police from harassing/arresting Imaan Zainab, Hazir Baloch and Quaid-i-Azam University’s students, mostly belonging to Balochistan, in view of an FIR registered against them for protesting outside the National Press Club.
A single bench of Chief Justice Athar Minallah on Friday heard a petition of Imaan, daughter of Federal Minister for Human Rights Shireen Mazari.
The bench directed the secretary Ministry of Interior, chief commissioner, Islamabad Capital Territory, inspector general of Police, Islamabad, and the secretary, Ministry of Human Rights to appear before the court on the next hearing.
The IHC bench ordered them to justify the excessive force used against peaceful young citizens followed by registration of a criminal case.
“They are expected to satisfy the Court, having regard to the fundamental rights guaranteed under the Constitution. In case they fail to satisfy the Court, then they are expected to identify the officials responsible for violating the rights of members of a peaceful assembly and the mode for ensuring their accountability,” added the bench.
It further said that acts of violence and amounting to sedition on part of State functionaries are unpardonable and intolerable.
Imaan has invoked the jurisdiction of the IHC under Article 199 of the Constitution. She has asserted that the respondents had misused their powers in order to suppress voices of dissent and the right to hold peaceful protest.
She further asserted that students of the Quaid-i-Azam University, mostly belonging to the province of Balochistan had arranged a peaceful meeting near the Press Club to raise their voice and to register their protest against the alleged enforced disappearance of one of the students, Hafeez Baloch.
Imaan further asserted that the respondents had transgressed their powers by using excessive force to disperse the peaceful protestors. She alleged that several participants of the peaceful assembly had received injuries.
She stated that the petitioner received information through the electronic media that a criminal case had been registered against her and the other peaceful participants of the assembly.
During the hearing, Faisal Kamran, senior superintendent of police was present in the court in relation to another case. In response to the court’s query, he confirmed that a criminal case i.e. FIR No203/2022, dated 01-03- 2022, was registered under section 120-B, 147, 149, 186, 188, 353, 500 and 504 of Pakistan Penal Code, 1860, and a copy of the FIR was also submitted.
The bench said that a plain reading of FIR No203/2022, dated 01-03-2022, shows that, prima facie, the public functionaries have abused powers vested in them merely to disperse a peaceful assembly of young citizens, mostly students belonging to the province of Balochistan.
It observed that raising of slogans, no matter how harsh, by no stretch of the imagination, can be treated as a criminal conspiracy or an offence. The offences mentioned in the FIR also shows that, prima facie, an attempt has been made to create a chilling effect to discourage dissent and expressing grievances stemming from the acts or inaction of the State.
Justice Minallah said that such abuse of power is intolerable in a society governed under the Constitution. He noted that it is seditious to suppress voices of dissent or to discourage raising grievances against the State, its institutions or the public functionaries. Moreover, young citizens, particularly, belonging to the province of Balochistan ought to be encouraged by the State and public functionaries to express themselves and to create an enabling environment, so that they may participate in political debates, uninhibited and without any fear.
He added, “The State and the institutions exist to serve and protect the citizens from harm and to enable them to exercise and enjoy their fundamental rights guaranteed under the Constitution.”
He continued that suppression of or interference with peaceful assembly through use of force and abuse of power is the most grave transgression and breach of the fiduciary duty, which the public functionaries owe to each citizen. It is noted that such abuse of power, as is, prima facie, evident from a plain reading of the FIR, is not the first case that has been brought before this constitutional Court.
He further said that the repeated abuse of powers to target certain classes and to suppress dissent, criticism and political debate is intolerable in the capital of the Islamic Republic of Pakistan, which is governed under the Constitution.
Later, the court also issued notices to the Attorney General for assistance and adjourned the hearing till March 7 for further proceedings.
Copyright Business Recorder, 2022
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