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IHC rules no illegal gathering will be permitted in Islamabad

IHC chief justice says government responsible for maintaining order
A convoy of Pakistani army passes the Islamabad High Court building in Islamabad on August 29. AFP
A convoy of Pakistani army passes the Islamabad High Court building in Islamabad on August 29. AFP

The Islamabad High Court ruled on Saturday that no illegal gatherings would be permitted in the federal capital while hearing a petition seeking a halt to the PTI protest.

In its order for the hearing, the IHC said that protests and lockdown situations should not arise in Islamabad during the Shanghai Cooperation Organisation summit.

The administration has sealed the federal capital and suspended mobile and internet services from Friday ahead of the PTI rally at the D-Chowk. The government has claimed that it has not granted the PTI permission to protest and called in the army to maintain order ahead of the SCO summit later this month.

A petition by traders stated that the PTI protests have led to clashes with police, prompting authorities to take additional steps to control the situation.

It has “caused extreme hardships for patients wanting of access to hospitals, traders crying for lack of business activity, students being deprived from their right to education and right of free movement of almost 20 million people of twin cities,” said the petition.

The written order authored by IHC Chief Justice Aamer Farooq stated that the Islamabad administration and government must allocate appropriate spaces for protests. The court instructed that demonstrators should record their protests only in the areas designated by the administration.

The decision comes amid rising tensions surrounding the planned protests, ensuring that public order is maintained during the high-profile summit.

The ruling affirmed that articles 16 and 17 of the Constitution grant citizens fundamental rights to assemble and move freely. But “these rights are subject to reasonable restrictions imposed by law.”

A counsel informed the court that members of a political party were marching towards the Red Zone, and it was highlighted that their gathering could obstruct the movement of other citizens. The court ordered that appropriate measures be taken to maintain law and order in Islamabad.

It was also noted that under Article 245, the military has been deployed to ensure security, and Section 144 has been enforced throughout the city. Given such circumstances, the IHC declared that no form of protest can be permitted in Islamabad.

The next hearing of the case has been scheduled for October 17.

IHC denies directions to PTI in protest case

The court could not provide any directions to Imran Khan’s party, Islamabad High Court Chief Justice Aamer Farooq said on Saturday as he heard a petition aimed at halting PTI protests in the federal capital.

The IHC summoned the interior minister, interior secretary, and police officials for the proceedings regarding the petition filed by Raja Hassan Akhtar.

At the outset of the hearing, IHC Chief Justice Amir Farooq asked, “Mr. Raja, what is the urgency? I generally do not hear cases on Saturdays, but please tell me what the urgency is.”

In response, the petitioner’s lawyer stated, “Islamabad has been completely shut down for two days; businesses are closed, children have exams, and there is daily traffic of 150,000 people.”

IHC CJ Farooq acknowledged the challenging situation during the hearing, stating, “I can understand the circumstances; I myself passed through areas blocked by containers.”

The petitioner’s lawyer mentioned that a Shanghai Cooperation Organization conference was also approaching. To this, CJ Farooq responded, “That conference is still a week away.”

He added the importance of balancing rights, saying: “One thing everyone should remember is that every citizen has rights, and while considering the rights of one citizen, we must also keep in mind the rights of others. Maintaining law and order is the government’s responsibility.”

The IHC chief justice called upon the advocate general of Islamabad to ask the interior secretary to appear in court and requested that a “responsible police officer” also be present. He remarked that while it may not be appropriate to summon the interior minister, he should be invited if possible.

CJ Farooq stated that the court cannot issue any directions to PTI, but he can order government institutions to protect citizens’ rights and highlighted the issue of mobile signals being down for two days and the potential emergency situations that could arise.

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Upon the arrival of Interior Secretary Khurram Ali Agha, CJ Farooq said: “Secretary, why have you shut down the entire city?” The secretary replied that the Malaysian prime minister was in Islamabad the previous day and mentioned that there were laws in place for protests in the city. He added that a Saudi delegation was expected to arrive in Pakistan within the next few days and that the SCO summit “is a point of pride for the country.”

In response, CJ Farooq said: “You are the government, and it is your responsibility to ensure equal rights. It is the government’s duty to guarantee that citizens have equal rights.”

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