SC bench for safeguarding citizens’ rights, remove inconveniences caused by PTI, PAT protests
The Supreme Court of Pakistan has decided to intervene in the ongoing political unrest by issuing notices for today (Thursday) to Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Pakistan Awami Tehreek (PAT) chief Tahirul Qadri for “violation of fundamental rights of citizens” due to their ongoing protests in Islamabad.
A five-judge bench headed by Chief Justice of Pakistan (CJP) Nasirul Mulk and comprising Justice Jawwad S Khawaja, Justice Anwar Zaheer Jamali, Justice Saqib Nisar and Justice Asif Saeed Khan Khosa was hearing the petition filed by the Lahore High Court’s Multan Bar Association.
While hearing the case, Justice Khawaja remarked that the constitution provided a procedure to remove the prime minister, and anyone who would try to employ any unconstitutional step would create chaos and anarchy.
The court thus issued notices to the respondents, taking notice of the mass inconvenience the protests have caused. The CJP also mentioned the commuting problems people are facing.
Court cases had also been adjourned because the court staff could not arrive on time or could not arrive at all. Even the judges, the CJP said, faced difficulties as they had to drive a long way to arrive in the court.
“Does anyone come to the Supreme Court through this mob? I have no concern about their political demands. My concern is that whether my fundamental rights have been hindered due to this prevailing situation,” Justice Nisar said.
Justice Nisar remarked that the court would not interfere in the political matters but would only look into the fundamental rights. He, then, questioned if anyone had the right to lead a crowd inside the Supreme Court. “There’s a limit to everything,” he remarked.
The attorney general argued that any effort to remove the government through power was illegal and unconstitutional. Therefore, the sit-ins by PTI and PAT to get rid of the present regime was in violation of articles 18, 19 and 20 of the constitution.
The petitioner had named Imran Khan and Tahirul Qadri as respondents and maintained that the apex court restrain the respondents from illegal and unlawful trespassing of prohibited zones, including Constitution Avenue, offices of foreign missions, Pakistan Secretariat and secretariat offices.
The plea also requested that they be legally banned from conducting any sort of march including sit-in and civil disobedience by offending public peace and tranquillity in any manner whatsoever in all times to come.
The petitioner said that the federation of Pakistan including law and interior secretaries may be directed to perform their functions in accordance with the mandatory provision of the Constitution in the face of unlawful and unconstitutional activities of movements of PAT and PTI.
During the hearing, the court said that every citizen had the right to protest as per the constitution as long as the protests did not cause any hardship to other citizens.
Supreme Court Bar Association (SCBA) President Kamran Khan told the court that high court bar associations from other provinces were filing similar petitions.
The bench is also reviewing the SCBA plea to stop all state functionaries from taking any unconstitutional step that might further imperil the political situation.
