SC grants one more day to PTI, PAT to clear Constitution Avenue

Justice Khosa says case pertains more to protection of democracy as opposed to free movement on Constitution Avenue


Hasnaat Malik August 27, 2014

ISLAMABAD: The Supreme Court has granted another day to the protesting Pakistan Awami Tehreek (PAT) and the Pakistan Tehreek-e-Insaf (PTI) to clear one side of Constitutional Avenue.

A five-judge bench of the apex court, headed by Chief Justice Nasirul Mulk, has directed its the SC Registrar, attorney general for Pakistan, counsels for PTI and PAT and petitioners to visit the spot of the protests (Constitutional Avenue) on Wednesday (today) in order to ensure free movement on one side of the road.

He also directed them to submit a report in this regard on Thursday (tomorrow).

The chief justice observed that although the PAT and PTI have claimed that one lane of the road has been cleared, in reality the situation is quite different. There are still obstructions of the roads, and lawyers, litigants and court staff are being checked randomly by PAT workers on the road, he pointed out.

Further, he asked PAT counsel Ali Zafar if party workers were out of the control of their leadership.

Justice Asif Saeed Khosa said the case pertains more to ‘adherence to the Constitution and protection of democracy, as opposed to free movement on Constitution Avenue.

“The court’s main focus is to protect the Constitution, as we have already passed an order for restraining state institutions from taking extra-constitutional steps in the prevailing situation, and if needed, they will pass another direction in this regard as well,” he observed.

Justice Khosa, while referring to the petitioner’s apprehension about the imposition of martial law, said that despite four unsuccessful attempts, a brain surgeon may attempt the surgery of the heart for the fifth time, but in this regard, he should be stopped.

PTI’s counsel Hamid Khan assured that the party was opposed to any kind of extra-constitutional step in the country.

He suggested that the court resolve some concerns of the protesters by exercising suo motu. However, the bench asked him to file a petition regarding the concerns of the protesters.

Justice Mian Saqib Nisar pleaded the counsels of both respondents to save the Constitution, which he termed a blessing. He also expressed disappointment over the PAT chief’s statement, wherein he is said to have 'cursed' democracy.

The justice further added, “We want the judiciary to intervene in political matters, as there should be a political solution of this ongoing political unrest.”

Justice Anwar Zaheer Jamali, expressing concern over the ongoing protests, said that if a gathering of 50,000 people is successful, next time, a gathering of 200,000 people may topple the government.

Counsels for both parties contended that people are facing hardships due to the containers and asked the court to direct the government to remove them.

Justice Jawwad S Khawaja, however, defended the placement of containers on roads by the government due to security reasons.

The hearing of the case is adjourned until Thursday (tomorrow).

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ