Challenging Section 144: Court summons capital’s DC

PTI’s counsel says law used to illegally detain workers.


Obaid Abbasi September 16, 2014

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday summoned the capital’s deputy commissioner (DC) over a petition filed by the Pakistan Tehreek-e-Insaf (PTI) challenging the imposition of Section 144 in Islamabad.

Justice Athar Minallah while accepting a petition filed by PTI Secretary General Jehangir Tareen, directed Islamabad DC Mujahid Sherdil to appear in person before the court today. The court also issued notices to the attorney general.

The petitioner, Tareen, through his counsel maintained that the Islamabad Capital Territory (ICT) Administration had imposed Section 144 of the Criminal Procedure Code on September 7 in order to arrest workers of PTI, which is illegal.

Citing the Ministry of Interior, Inspector General of Islamabad Police, IG Punjab, IG Azad Jammu and Kashmir, and Sherdil as respondents, the petitioner’s counsel claimed that Section 144 was imposed soon after the PTI announced celebrations marking the completion of one month of the sit-in.

The counsel claimed that after the imposition of the law, thousands PTI workers were arrested which is unfair. According to the petitioner, the imposition of Section 144 is based on mala fide intentions of the government and he requested the court to declare the order illegal.

As part of the tit-for-tat between the government and the protesting parties, at least 13 different FIRs are registered against PTI Chairman Imran Khan and Pakistan Awami Tehreek chief Tahirul Qadri in various police stations. They were booked under section 7 of the Anti-Terrorism Act, and sections 353 (assault or criminal force to deter public servant from discharging duty), 186 (obstructing public servant in discharge of public functions), 342 (wrongful confinement), 341(punishment for wrongful confinement), 452 (trespass after preparation for hurt, assault or wrongful restraint), 427 (damage to the amount of fifty rupees), 148 (rioting, armed with deadly weapon) and 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), respectively.

Baitul Mal MD’s appointment challenged

The same bench issued a notice to the government over a petition of Awami Muslim League chief Sheikh Rashid Ahmad who has challenged the appointment of the head of the Pakistan Baitul Mal.

Rahsid, though his counsel, maintained that the appointment of PBM Managing Director Barrister Abid Waheed Sheikh lacks transparency and should be declared illegal.

The counsel said Sheikh was not appointed through the federal commission which was made for the selection of heads of public sector organisations.  He contended that it was mandatory in the light of a Supreme Court judgment that top appointments be made through the commission.

Published in The Express Tribune, September 17th, 2014.

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