The Islamabad High Court (IHC) on Wednesday dismissed a plea seeking a restraining order against the long march announced by Tehrik-e-Minhajul Quran Chief Tahir ul Qadiri.
IHC Chief Justice Hameedur Rehman dismissed the plea, observing that staging protests was a fundamental right and could not be termed as an attempt to establish a parallel democratic system.
However, the single Bench advised the petitioner to approach the proper forum for his grievance’s redress. During the course of the proceedings, the chief justice said that holding demonstrations and marches was common in democratic set-ups all around the world.
Shahid Orakzai, the petitioner, alleged that the long march was an attempt to establish a parallel legislative body seeking to overthrow the Majlis-e-Shoora, which would be a ‘direct challenge to the sovereignty of Pakistan’. He pleaded that the chief commissioner should be directed to ‘prevent such a gathering’ in the capital for such objectives.
The court was asked to declare that ‘no person shall be allowed to assemble a decision making body above the Majlis-e-Shoora (Parliament)’.
Orakzai said that Qadri had held a public audience in Lahore on December 23 and the Punjab government had remained a ‘silent spectator’ throughout the flagrant misuse of the right of freedom of expression.
“Private television channels broadcast his political sermon worldwide even though no foreigner is allowed to misuse the freedom of expression under Article-19, which is a right extended only to citizens of Pakistan,” the petition pointed out.
Orakzai also stated that Qadri, who had acquired the 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 all these freedoms were given only to Pakistanis.
He said no association or union could operate as a full-fledged political party until it complied with constitutional requirements.
SC once again moved against Qadri’s long march: The Communist Party of Pakistan (CPP) through its central chairman, Engineer Jameel Ahmad Malik, on Wednesday moved the Supreme Court against Tahir ul Qadri’s long march under Articles 184-3 and 17 of the Constitution, read with section-1 of the Societies’ Registration Act, 1860.
The CPP stated that Minhaj-ul-Quran was not a political party but an NGO which was registered in 1981 under section-1 of the Societies’ Registration Act, 1860, and no NGO could participate in politics or hold public processions. It can neither give the call for a long march or strike.
The CPP chairman further maintained that any political party under Article-17 of the Constitution could march up to Islamabad, but Constitution had prohibited NGOs like Minha-ul-Quran to call for a long march and act like a political party.
He said in his petition that Qadri was working on foreign agenda and the long march was a conspiracy against democracy and the upcoming general elections, and the Supreme Court should exercise its powers and order Qadri to cancel the long march. Any failure to comply should lead to legal action against him, he maintained. The CPP requested the SC and government to immediately cancel Minhaj-ul-Quran’s registration as an NGO, so that no NGO could interfere in state affairs or use the public for its political interest in the future.
The party stated that people like Qadri only served to weaken Pakistan, and people had been rallied at the Minar-e-Pakistan in the name of Islam. He further stated that Qadri was a Canadian citizen and every Canadian had to take an oath of the British Queen’s loyalty and submission. “It is a very tragic moment for all religious scholars that the great scholar and Sheikh-ul-Islam has taken an oath of allegiance for the Queen who cannot be loyal to Pakistan and Islam,” he said,
Malik said Qadri, along with Altaf Hussain, was playing another drama of ‘Safar-e- Inqalaab’ and it was astonishing that instead of using his party name of ‘Pakistan Awami Tehreek (PAT)’, he was using the name of Minhaj-ul-Quran to deceive the public and complete his heinous agenda.
The CPP made Qadri, Minhaj-ul-Quran, the federal government, the Pakistan People’s Party, Muttahida Qaumi Movement (MQM), ANP, PAT, Pakistan Muslim League (N), Jamaat-i-Islami and others, as respondents in his petition.
