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The Supreme Court Monday plainly said that restraining anti-government protesters of Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT) from entering the 'Red Zone' of the capital is none of the apex court business. A five-member bench of Chief Justice Nasirul Mulk resumed the hearing of Supreme Court Bar Association (SCBA) President Kamran Murtaz's plea through which he had urged the apex court to restrain state authorities from taking any extra constitutional steps in the wake of the grave political turmoil in the country.
Appearing on court's notice, Attorney General for Pakistan (AGP) Salman Aslam Butt expressed concern over the sit-ins of both the political parties' workers, saying the protestors of PTI and PAT might enter the Diplomatic Enclave. He prayed the bench to pass an order to bar them from entering the enclave as they neared the 'Red Zone'. Turning down the AGP's request, the Chief Justice said that it is something for the government to handle and sought a written reply from the Federation in response to the instant petition. To which, the AGP sought 24 hours to submit a reply.
During the course of hearing, Murtaza prayed the bench to issue a notice to the Defence Secretary to submit a reply in the current matter; however, the bench said that the Federation is respondent in the case and the petitioner didn't include the Defence Secretary as one of the respondents in the petition.
The SCBA President apprised the court that he filed another plea with press clippings pertaining to the PTI Chairman Imran Khan's announcement for civil disobedience; however, the Chief Justice observed that such a plea would be taken up later. The bench also directed the concerned branch of the apex court to club petition of the Lahore High Court Bar Association (LHCBA) against the Inqilab and Azadi marches with the current petition for the next hearing of case.
During proceedings, Justice Mian Saqib Nisar referred to Articles 5 and 6 of the Constitution, observing that the Supreme Court could not allow anyone to deviate from the Constitution. Justice Nisar further observed that judges are custodian of the Constitution, adding that every citizen is bound to protect the Constitution under Article 5.
Justice Jawwad S Khawaja said that if any parliamentarian violates his oath, Parliament must take notice of it, saying judiciary cannot intervene in every matter. Issuing directives to the Federation to submit a written reply in the matter, the bench adjourned the hearing of case till August 20.

Copyright Business Recorder, 2014

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