The Lahore High Court on Tuesday observed that protests and sit-in were part of a democratic system and it was the government's job to control such activities and not through judicial orders. The court adjourned hearing a petition against establishment of private force by Jamiat Ulema-i-Islam (JUI-F) chief Maulana Fazalur Rehman and "Azadi March" announced by him till October 29 and directed the law officer to come up with instructions from the government.
Earlier, the court asked the petitioner's counsel to explain under what law the court could order the government to stop people from participating in the protest or sit-in in question. The petitioner a bar member Nadeem Sarwar, argued that the protest announced by the JUI-F aimed at ousting the elected government, which he said was an unconstitutional act.
The court referring to months long protests held in past, observed, "The governments are not ousted through long march or political sloganeering". The court asked the lawyer, "Whether in past courts had restrained any sit-in". The court further observed that the petitioner had approached the court on mere apprehensions.
Deputy Attorney General however opposed the petition and said the government will deal the protestors as per the law. The petitioner submitted that no private organization was allowed functioning as a military organization as it was an offence under Private Military Organisations (Abolition and Prohibition) Act, 1974. It further said Maulana Fazalur Rehman was using innocent children of religious seminaries for political motives against the government. It said the respondent party had also been spreading hatred against a democratically elected government through his provocative speeches, which could cause chaos in the country.
The petitioner therefore asked the court to declare that creation of a private army as unconstitutional and direct the federal government to take stern action under the law against the respondent party and its chief.
Copyright Business Recorder, 2019
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