President, Supreme Court Bar Association, Barrister Syed Ali Zafar while reacting to Pakistan Tehreek-e-Insaf (PTI) protest on November 2 in Islamabad stated that it is apparent that the government has already panicked and issued a notification under Article 245 of the Constitution calling the Armed Forces in aid of civil power.
afar said that there is no doubt that the Government has the legal right to call the Armed Forces of Pakistan but this power is to be exercised with utmost caution and as a last resort only and only when, as a matter of fact, the police and civil authorities have actually failed to control riots and life and public property is at stake. He said that such a situation has not yet arisen.
Zafar however added that under the law the Government can also take such an action as a preemptive step in case it had credible and clear information that the protest will be violent but if that was the case then, before issuing the notification, the Government should have disclosed the information to the public. No such information has to date been disclosed to the public and as such, Barrister Zafar concluded that the Government's notification is based on an anticipated presumption. He said that therefore this is a premature action by the Government and prima facie unconstitutional. Barrister Zafar said that the Armed Forces of Pakistan cannot and should not be used to control protests, which is the job of the police and civil authorities, and certainly they cannot be expected to use any physical force against its own people.
Barrister Zafar stated that to him protests do not pose any danger to democracy but are a part of it. Barrister Zafar said that the Armed Forces of Pakistan, at present, are very seriously concerned about the national security and the Government, political parties and public must do much more, both domestically and in international relations to support them without hesitation in the fight against terrorism and any covert or overt external aggression. He said that this is a time when the National Security Council should be established and made operational by law and under the Constitution, and he also called upon the Government to rebuild confidence that it is capable of handling matters of Pakistan's security because in the aftermath of the episode in which false information was leaked in an attempt to damage national interest, there is now a dire and immediate need for trust building measures. As for demonstrations, he added that holding of protest against corruption is the constitutional right of a political party and the legal community has always raised its voice against corruption. However, he said that by exercising this right to protest, PTI, as a mature party, must also ensure that the right of the people of Islamabad to undertake their daily affairs freely is not infringed.
Commenting upon the directions of the Islamabad High Court, Barrister Zafar said that as far as he is concerned it is not the duty or obligation of the Courts to control law and order but rather the responsibility of the Government and administration. The involvement of the courts in such matters could lead to difficulties if the public choose to defy court orders or the Government misused its authority in an over enthusiastic reliance of court orders. Zafar pointed out that what would happen if God forbid the crowd tried to defy court orders and the Government were to use excessive and uncalled for force to stop it leading to injury or death. Who would be held responsible?-PR
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