The Supreme Court has sought report from federal and Punjab governments over protracted protest of Tehreek Labbaik Ya Rasool Allah (TLYR) at Faizabad Interchange Islamabad due to which commuters of twin cities (Rawalpindi and Islamabad) have been facing troubles for the last 16 days.
A two-member bench of Justice Qazi Faez Isa and Justice Mushir Alam sought comprehensive report form secretary defense and secretary interior about steps taken to protect fundamental rights of the dwellers of the twin cities during the sit-in which is entering its 17th day on November 22.
The bench took notice in the matter when Advocate on Record Syed Rifaqat Hussain Shah sought adjournment in a separate case on the grounds that Advocate Ibrahim Satti was unable to attend the court proceedings due to the sit-in in the vicinity of his office.
During the course of proceedings, responding to the court's query whether or not public highways/ roads can be blocked, Deputy Attorney General Sohail Mehmood submitted that due to the sit-in he himself faces tremendous impediments and difficulties in approaching the court so he leaves his home at 6:30am to reach the apex court in time.
Issuing order in the matter, the bench said, "It appears that at the hands of a few miscreants capital city of Islamabad and its twin city Rawalpindi are being held hostage whilst state functionaries appear to be parleying with them rather than clearing the way for the public who are being denied access to courts, schools, place of work, etc".
The bench further said that it has also been reported that ambulances and sick person's access to hospitals is impeded, children can't reach schools and students can't reach their colleges/universities. The leaders of the sit-in are also reported to be using abusive and filthy language and provoking and promoting enmity.
The prevailing situation demonstrates that the matter is one of public interest and a number of fundamental rights of the citizens enshrined in the Constitution including right to life, freedom to move and right to education are prima facie being infringed which enable this court to take notice under Article 184(3) of the Constitution, says the order.
Those in the sit-in are ostensibly advocating a religious cause without recourse to the courts including Federal Shariat Court and by taking the law into their own hands and sowing divisions and differences against the clear proscriptions by Almighty Allah in Surah Ash-Shura (42) verse (13), Surah Al-Imran (3) verse 103 and 105, the court ruled in its order.
Prophet Mohammad (PBUH) expanded on the Divine message, warning: "Do not engage in disagreement thereby causing discord among your hearts," says the order. The court further ruled when two Muslims were loudly arguing in disagreement about the meaning of the Quranic verse, he said: "People before you perished only because of their disagreement about the scripture." In his famous sermon delivered at Mount Arafat, the Holy Prophet (PBUH) said, "Every Muslim is a Muslim's brother and that Muslims are brethren."
He abhorred dissension. Shortly before his death, the Holy Prophet (PBUH) said, "Oh people, the fire has been kindled, and dissension has set in like segments of a dark night," the court noted and ruled that the question, therefore arises whether those voicing such views in the sit-in are attempting to undermine the glory of Islam (Article 19) and acting contrary to Article 227 of the Constitution.
Earlier, during the course of proceedings, Justice Qazi Faiz Isa questioned which Islam allows blockade of roads and causing hardships to the people and further asked which Islam allows using of such abusive language being used in the sit-in.
He further observed which Shariah or religion allows blockade of roads and causing hardships to the people, adding that Article 14 of the Constitution ensures free movement of the people. He termed blocking of roads and disrupting free movement of dwellers of the twin cities of Rawalpindi and Islamabad as violation of fundamental rights.
The bench issued notices to secretary defense, secretary interior and advocate general Punjab in the matter and also directed attorney general for Pakistan to file comments of Ministry of Defense and Interior, the intelligence agencies under their respective ministries including the Intelligence Bureau (IB) and Inter-services Intelligence (ISI).
The attorney general was also asked to submit details of measures taken to ensure that the constitutional rights of the citizens of Pakistan are protected and enforced in accordance with law. Later, the hearing was adjourned till November 23.
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