SC says it can invoke Article 190 if Qadri’s supporters don’t clear road

• Bench says dealing with protests on Constitution Avenue an administrative matter and court will not intervene in political affairs

The Supreme Court (SC) Thursday ruled that it could invoke Article 190 of the Constitution if the Pakistan Awami Tehreek (PAT) protesters failed to vacate one side of the Constitution Avenue.

The four-member SC bench, headed by Chief Justice of Pakistan (CJP) Nasirul Mulk, was hearing the identical petitions filed by the presidents of Supreme Court Bar Association (SCBA) and High Court Bar Association, Multan Bench.

During the case proceeding, the petitions sought the apex court’s direction that no authority or state functionaries indulge in extra-constitutional steps in the prevailing political situation.

Petitioner Ather Bukhari pleaded that the court should bind all the state institutions to ensure the implementation of its orders for vacating the Constitution Avenue through Article 190, while SCBA President Kamran Murtaza told the court that its order was not implemented in true spirit.

The SC registrar also submitted report stating that PAT workers did not vacate one side of the Constitution Avenue.

Moreover, Barrister Ali Zafar, counsel for PAT, also submitted report before the bench, saying that on apex court directions, the committee conducted survey of the Constitution Avenue and it was found that at least three lanes on one side of the Avenue were free from all obstructions.

Observing that it was the duty of the PAT leadership to implement the court orders, the court ruled that the road had not been vacated despite its directives, thus the article could be invoke under which “every administrative authority is bound to comply with the order”.

The CJP remarked that the court did not issue directive as PAT counsel had assured to vacate one side of the Constitution Avenue.

“Staging protest on Constitution Avenue is an administrative matter and the government should itself resolve administrative matters. We will not interfere in political affairs but if we can give a decision then we can exercise Article 190 for its implementation as well. The court could issue directives to the government because movement of judges, lawyers and public, have been restricted due to sit-ins,” the CJP remarked, as Justice Saqib Nisar remarked, “Those with whom injustice has been done should protest but the rights of other citizens should also be taken care of.”

The Article 190 of the Constitution says, “All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.”

Later, the court directed the counsels of PAT and PTI to submit the report after visiting the Constitution Avenue till Friday and adjourned hearing of the case till September 1.