Zubair Qureshi
The Islamabad High Court (IHC) in its recent order while disposing of a petition filed by Mohammad Asif Gujjar, has ruled against any political gathering in the Red Zone which houses important government institutions including the Parliament House, Supreme Court, Presidency and the Prime Minister’s Office.
The court has observed that while “political, religious or social gathering is a norm in every civilized society, sine qua non is that they be lawful, peaceful, without arms and in accordance with the Constitution and legal provisions”.
IHC Justice Aamer Farooq noted in his order that “any assembly, which violates such provision, cannot be termed ‘lawful’ and for such purposes, it is mandated in the West Pakistan Maintenance of Public Order Ordinance, 1960, to obtain permission from the magistrate or other competent authority.”
The court order then specifically made it clear that no such gathering could take place in the area “declared Red Zone where assembly is prohibited”.
D-Chowk, also referred to as Democracy Chowk, is a central point of the Red Zone located on the junction of Jinnah Avenue and Constitution Avenue in the federal capital.
The actual location of D-Chowk was just in front of the Parliament House in the Red Zone. However, during the tenure of former ruler Gen Pervez Musharraf, D-Chowk was a prohibited area. Later, its adjacent Parade Ground Chowk informally came to be known as “D-Chowk”.
Besides, Sindh House, Punjab House, Balochistan House, KPK House, Election Commission of Pakistan, residences of the apex court judges and other key installations are also located within the Red Zone.
After Thursday’s attack on the Sindh House by Pakistan Tehreek-i-Insaf (PTI) lawmakers and activists, Information Minister Fawad Chaudhry, in a tweet, had expressed the government’s inability to handle enraged protesters.
The ruling party has announced that it will hold a gathering of a million people outside the Parliament House in a bid to support its leader, Imran Khan, and to apparently deter party’s lawmakers from casting votes.
Information Minister Fawad Chaudhry, who has termed the PTI public gathering a “public referendum”, said those who intended to cast their votes had to pass through a million PTI supporters to reach the Parliament House and upon return, face the same crowd.
According to the Opposition parties, this was in fact a muffled threat to those dissidents who despite the PTI decision to stay away from the vote cast would go there.
The opposition alliance warned that it would flood D-Chowk with its supporters in case of any misadventure by the PTI.
Citing a recent decision authored by IHC Chief Justice Athar Minallah, Justice Aamer Farooq noted that the court had already declared that the prime responsibility of maintaining public order was on the interior minister and his subordinates. However, the court has declined to issue directions for holding political gatherings on the Parade Ground, asking government functionaries “to ensure that referred political parties or any other person, does not violate the law or infringe fundamental right of the petitioner or any citizen.”
