*Courts asks counsels to produce arguments on maintainability of petitions
Lahore High Court (LHC) full bench Thursday has sought arguments on the maintainability of a petition against Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek’s (PAT) sit-ins and adjourned the hearing till November 13.
The full bench comprising Justice Muhammad Khalid Mehmood Khan, Justice Shahid Hameed Dar and Justice Anwaarul Haq passed orders on a petition filed by Lawyers Foundation for Justice.
As proceedings started, the PTI’s counsel submitted that the bench stopped the PTI and PAT from launching long marches and sit-ins on August 13. He said that the respondents were not performing functionaries, therefore, the writ was not maintainable as no writ could be issued to a private person.
He submitted that another full bench of the high court was hearing petitions on writ issue and the present petition should also be forwarded to it.
However, petitioner’s counsel AK Dogar said that many important law points had been raised through the petition. He said that sit-ins were a denial of fundamental rights of the public. He said that disloyalty/ disobedience to state or government is an attempt which amounts to subverting the Constitution.
He said that any person had right to assemble but it would be subject to public order.
At this stage, the bench observed that the PTI counsel had raised objection on maintainability of the petition and it was necessary to decide it first.
The bench ordered the PTI counsel and petitioner counsel to advance their arguments on maintainability while adjourning the matter till November 13.
Meanwhile, the bench issued notices to KPK government, Shujaat Hussain, Sheikh Rasheed Ahmad and Pervaiz Elahi for November 13 on another identical petition filed by Muhammad Kamran against marches and sit-ins.
During the hearing, the bench was told that the federal and provincial governments had filed their written statements in the matter but respondents had not filed their replies yet.
However, the PAT’s counsel sought time to file reply whereas the PTI’s counsel received notices on behalf of the party.
The bench adjourning matter till November 13 directed to again issue notices to remaining respondents.
LHC SEEKS DETAILS OF FIRS AGAINST DR QADRI:
Meanwhile, another full bench of LHC Thursday sought details of FIRs registered against Dr Qadri from federal and provincial governments till November 13.
The full bench comprising Justice Muhammad Khalid Mehmood Khan, Justice Shahid Hameed Dar and Justice Anwaarul Haq passed the orders on an application filed by Amjad Ali in a pending petition seeking directions to ban Pakistan Awami Tehreek (PAT).
As proceedings started, the petitioner’s counsel Advocate Fahad Siddiqui pointed out that he had filed an application on behalf of the petitioner for directions to place progress report on record in 40 cases against Dr Qadri.
He submitted that despite registration of said cases, the police did not arrest Dr Qadri nor he got bail from any court yet.
At this, the bench ordered federal and provincial law officers to file reply along with details of FIRs registered against the PAT chief by November 13.
The petitioner’s counsel also pointed out that the Punjab Home department had not submitted Justice Akhtar Hassan Commission report despite directions for the same.
To a court query, Additional Home Secretary Dr Ehtesham Anwar told the bench that efforts were being made to trace the records.
The bench reprimanded additional secretary for non-submission of the report and directed to submit on next date of hearing while adjourning the matter.