Right to protest
The right of peaceful assembly to lodge protest is not absolute. It stems from fundamental right of freedom of assembly, freedom of association and freedom of speech/expression guaranteed by Article 16, 17 and 19 of the Constitution. Protesters cannot fringe the fundamental rights of other citizens, nor can they indulge in arson, burning and destroying public or private property, including public transport, trees and symbols of state like Radio/TV stations, parliament, sensitive security installations etc.
Rule of Law can only be enforced through fear and deterrence of punishment. For this it is important that state institutions tasked to maintain law and order and national security must be strictly apolitical and work within their confined constitutional corridors, failing which a state can implode from within and its very existence as a sovereign country be at stake. No individual should be allowed to damage Pakistan. The only Red Line that should matter is Pakistan.
Unfortunately, since 2005, violent protests in Pakistan were facilitated and ignored by the State and Judiciary which culminated in 12 May 2007 killings when armed militia linked to a political party killed over 59 citizens. In 2014, another mob was facilitated to siege Red Zone in Islamabad from 14 August to 17 December, where they destroyed and burned PTV Islamabad, locked down Parliament and brutally injured over 100 policemen in uniform including an SSP.
The protest was called off after attack on APS in Peshawar by TTP militants, where over 144 innocent students and their teachers were massacred. In 2017 again extremist militants associated with the TLP marched to Faizabad and held siege for over 20 days. What happened on 9 May was waiting to happen, given the unconstitutional involvement in politics of few at helm.
We as a nation must understand that such excesses are not tolerated in any democratic country, including USA. On 6 January 2021, over 2000 agitated supporters of President Trump, who were made to believe that he was a victim of conspiracy through rigged and manipulated 2020 elections, marched to attack Capitol Hill Building in Washington. Some of them vandalized and looted House Speaker’s office and locked down both chambers of Congress.
Trump was impeached by House of Representatives within a week, but managed to get acquitted by the Senate although they voted 57 in favour, only 43 in support of Trump, falling short of 67 votes 2/3rd majority. More than 1000 protesters who entered Capitol Building were charged with federal crimes and as of January 2023, over 476 pleaded guilty. Stewart Rhodes, founder of Oath Keepers, who was not present but was accused of inciting them was sentenced to 18 years, whilst a 63year old who sat on Speaker’s chair was sentenced to 4.5 years.
—The writer is contributing columnist, based in Lahore.
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