A petitioner on Thursday moved a constitutional petition before the Islamabad High Court alleging that Tehrik-e-Minhajul Quran Chief Tahir ul Qadri was attempting to establish a parallel parliament that posed a direct threat to the country’s sovereignty.
Petitioner Shahid Orakzai pleaded the court to direct the Islamabad Chief Commissioner to prevent a gathering in the capital for these objectives. The court was asked to declare that “no person will be allowed to assemble a decision making body above the Majlis-e-Shoora (Parliament)”.
Orakzai said the respondent Qadri had held a public audience in Lahore on December 23 and the Punjab government had remained a ‘silent spectator’ to the flagrant misuse of the fundamental right to freedom of expression.
“Private television channels broadcast his political sermon worldwide, even though no foreigner can misuse the Freedom of Expression clause under Article 19, which is a right extended to Pakistani citizens,” the petition pointed out. The court was requested to inquire from the Immigration and Passports Director General whether the respondent had entered Pakistan as a citizen or otherwise.
Orakzai further stated that Qadri, who had acquired citizenship of another state, could not exercise the Right of Movement under Article 15, the Right of Assembly under Article 16, the Right of Association under Article 17 and the Freedom of Expression under Article 19, because these freedoms were given only to citizens, and were being misused by the respondent.
He said that no association or union could operate as a full-fledged political party until it complied with constitutional requirements.
The respondent should be asked whether his ‘brainchild parliament’ would hold its maiden session in the capital as an association and a union or as a political party, the petitioner added.
The petition elaborated that the Parliament is defined by Article 50 and comprises the President and the two Houses respectively called the National Assembly and the Senate, which are to be presided over by the Speaker and the Chairman.
The inaugural session of the Majlis-e-Shoora (Parliament), is to be addressed by the President under Article 56, who has to explain the cause of summon to the members of both Houses assembled together, he explained. Any attempt to establish a parallel legislative body seeking to overrule and overthrow the Majlis-e-Shoora would be a ‘direct challenge to the sovereignty of Pakistan which this court is duty bound to defend’, he argued.
IHC moved against Qadri’s attempts to establish a parallel parliament
