Former President Supreme Court Bar Association of Pakistan (SCBA) Kamran Murtaza has said that under Section 144 of the Code of Criminal Procedure (CrPC) Prime Minster or any other member of the executive cannot be barred from addressing a public gathering as it is limited to the general public. It cannot be applied to a political leader or a gathering that he may schedule with his party workers, Murtaza added.
When asked if Section 144 in Islamabad is justified well before the 2 November or on November 2 scheduled lockdown of the capital, he stated that it is against the basic spirit of the law. Section 144's implementation is limited to an illegal activity including an unlawful assembly of people or transfer of an item from one district or provincial jurisdiction to another jurisdiction.
Section 144 of the Code of Criminal Procedure (CrPC) empowers district administration to issue orders in public interest that may place a ban on an activity for a specific period of time. Such a ban is enforced by the police who register cases under section 188 of the Pakistan Penal Code for violations of the ban. Section 188 carries a maximum penalty of six months in prison and/or fine.
The regulation is a holdover from the days of colonial rule when the British implemented a version of the law in India to inhibit local public gatherings. The law has since found its way into the penal code of Pakistan and its reach has expanded to include not only public assembly but also other activities. Pakistani international law expert Ahmar Bilal Soofi said Section 144 is correctly used when there is imminent danger or apprehension of civil unrest. "People have the right to protest and peaceful assembly, but the moment the protest in no longer peaceful or there is damage to property, [the use of the law] could become reasonable."
Another Lawyer, Akram Chaudhry said not all invocations of Section 144 conform to the constitution. "It makes sense to use it to restore law and order. But I think it can also be used in ways it was not meant to be used," he said, adding "whether or not it is used appropriately is a question of fact."