ISLAMABAD: The Supreme Court on Thursday gave the federal government a free hand to deal with any law and order situation that emerges during the Pakistan Tehreek-e-Insaf (PTI)’s long march and told the authorities to “prepare fully”.
Justice Bandial, while heading a five-judge bench, said; “You (the federal government) are at liberty to take measures to deal with the (anticipated) long march.”
The bench heard a contempt petition of the federal government against the PTI Chairman, Imran Khan, for violating the commitment given to the apex court not to hold a protest at D-Chowk.
The chief justice said; “We (the SC) will be in the picture if either side violates the law.”
He said on May 25 the Court responded as there were actual facts. Thirty-one policemen were injured, fire brigade vehicles were torched, and public property was damaged. “We were asking the other side to explain the destruction, but the next morning they left the place (D-Chowk).”
The Court turned down Attorney General for Pakistan Ashtar Ausaf’s plea to pass an interim order (restraining the PTI from holding a long march) or to issue notice to the PTI leaders. It instead asked the AGP to examine the agencies’ reports, submitted in compliance with the court’s order. Justice Ijazul Ahsan said how the Court passed an order in anticipation.
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The bench on 1st June had called reports from IGP ICT, Secretary Ministry of Interior, DGs IB and ISI on the factual aspects of the PTI long march on May 25, wherein, properties were damaged and trees were set on fire.
Justice Yahya Afridi, who was also part of the bench, in his separate note, stated; “Instead of calling for reports from the named officials of the State Agencies/Departments, as directed by my learned brother (CJP), I am of the opinion that there is sufficient material before this Court to proceed against Imran Khan for the alleged disobeyance of the court order dated 25.05.2022.” “It also warrants the issuance of notice by the SC to Imran Khan to explain why contempt proceedings should not be initiated against him,” he added.
The CJP asked the attorney general that on May 25 you had relented in obedience to the apex court order, while you could have dealt with strictly.
The attorney general said what will happen if the unruly mob enters into the Red Zone and disturb the peaceful life of the federal capital. He said that the PTI leaders have been saying that they will not go beyond October as their preparations for the protest are complete. The AGP argued that in the recent past unprecedented events took place. “Should we wait for the bloodshed to reach our doorsteps,” the AGP contended.
The chief justice asked the AGP do you want another assurance from us, adding you (the government) act in accordance with the law. It is the responsibility of the executive to maintain law and order in the country, he added. The CJP asked the attorney general you wanted to say that on May 25 the government relented in obedience to the apex court’s order, while you could have dealt with strictly.
AshtarAusaf contended that they (the PTI workers) will be coming in procession. The chief justice told the AGP that whenever there is a situation which requires our (the SC’s) attention then we will assemble even on holiday. He warned the PTI not to go on the wrong side as there will be severe consequences.
The attorney general said the government will do whatever it can to protect the lives of the citizens. He informed that in the fiasco the police from Gilgit-Baltistan, Azad Jammu and Kashmir, and Khyber-Pakhtunkhwa have entered Islamabad.
At the onset of the proceedings, AGP Ashtar said that the federation had filed the petition for the protection of the citizens’ rights. He submitted that on May 25, 2022, the PTI lawyers after getting instruction from Imran Khan had given an undertaking to the apex court they would hold a protest in the area between Sectors H-9 and G-9, Islamabad.
The attorney general said the PTI chief is going to various universities and making political speeches, adding this is instigation. He contended the apex court had ruled in 1993 that educational institutions should not be used for political activities. He requested the bench to pass an order not to hold political activities in educational institutions. However, the court paid no heed to his request.
Ashtar Ausaf further argued that Pakistan at this stage cannot afford political unrest and onslaught on the state institution. He said; “I fear a repeat of May 25 may happen.” He said that Imran Khan has been preparing his workers for jihad.
The case was adjourned until October 26.
Copyright Business Recorder, 2022