IHC directs Islamabad admin to clear capital of PTI protesters prior to SCO summit
The Islamabad High Court (IHC) has directed the federal capital’s district administration to make sure there would be no public protest or law and order situation as created by the Pakistan Tehreek-e-Insaf (PTI) workers prior to the Shanghai Cooperation Organization (SC) summit taking place in Islamabad next week.
The IHC Chief Justice Aamer Farooq in a three-page order issued Saturday made it clear that there would be no permission for illegal protests or rallies at all in the Federal Capital.
The court was hearing a petition filed by the Traders Welfare Association whose counsel sought the court’s order to stop the major opposition party’s protest in Islamabad.
President of the Traders Welfare Association Raja Hassan Akhtar in his plea had drawn the attention of the court towards the deteriorating law and order situation in the wake of the PTI protesters’ arrival in Islamabad from different parts of the country and held that it had a negative impact on business.
The PTI’s protests entered the second day in Islamabad while it also started in Lahore, badly affecting the routine life due to blockade of roads, police-protesters’ clashes, and suspension of metro services, the petitioner had submitted through his counsel.
The Islamabad High Court’s top judge noted that the freedom of assembly and movement were fundamental rights provided to the citizens under Articles 16 and 17 of the Constitution, however it should not affect the normal business and daily routine.
Such activities “are subject to reasonable and proportional restrictions in accordance with law. Such restrictions are only justifiable through a legitimate purpose which must be in the best interest of the larger public,” the order read.
Justice Farooq stated that the Ministry of Interior and the Islamabad administration were responsible for the maintenance of peace and law and order in the federal capital.
The high court directed the authorities to maintain “principles of proportionality and legitimacy of public purpose” and prevent “harsh or disproportionate restrictions which would otherwise amount to unlawful infringement of rights”.
The IHC CJ Farooq also directed DC Islamabad and the Chief Commissioner to take reasonable and proportional measures to ensure safety and public order in Islamabad.
The high court also stated that “no unlawful assembly shall be allowed to be held in ICT keeping in view the provisions of Peaceful Assembly and Public Order Act, 2024”.
It asked the federal government and the Islamabad administration to allocate a designated place to the PTI for an assembly or protest.
