ISLAMABAD: The Islamabad High Court (IHC) Monday turned down Pakistan Muslim League-Nawaz (PML-N) MNA Captain Safdar Awan's (retired) petition seeking foolproof security. A single bench of IHC comprising Chief Justice Athar Minallah dismissed the petition after hearing the arguments of Safdar's counsel.
During the hearing, the counsel told that the protection of lives and properties of the citizen was the responsibility of the state, and his client was being politically targeted, and requested the court to issue directions to the Ministry of Interior to liaison with the inspector generals of police of the respective provinces to provide him with security.
He also requested the court to issue direction to the Interior Ministry to remove the threat alert because it was responsible for the security of the citizens especially the opposition leaders. The petitioner's lawyer informed the court that an application was submitted before the secretary interior.
The court noted in its order that providing security to every citizen of Pakistan was a constitutional obligation of the State, and it was an integral part of the fundamental right guaranteed under Article 9 of the Constitution.
Justice Minallah observed, "It is a function which exclusively falls within the executive domain and therefore, not justiciable by a High Court under Article 199 of the Constitution."
He added, "According to the statement made by the learned counsel for the petitioner, the latter has already informed the concerned authorities. It is for the authorities to assess the requirements of providing security and no direction can be given by a High Court while exercising jurisdiction Under Article 199 of the Constitution."
The IHC chief justice noted, "For the above reasons, the prayers sought in the petition are not justiciable and therefore, it is accordingly dismissed."
He further said that needless to mention that this court expects that the State would fulfill its constitutional obligation and provide security to every citizen of Pakistan without discrimination.
Copyright Business Recorder, 2020