Fundamental rights: Top court upholds govt servants’ right to protest

Suspends BHC ban on strikes by govt employees, including teachers, doctors

ISLAMABAD:

The Supreme Court has suspended a high court blanket ban on protests and strikes by government employees, including doctors and teachers.

A two-judge bench of the Balochistan High Court ruled on November 9, 2015 that government employees, especially teachers and doctors, could not go on strike or stage a protest.

The BHC bench – comprising Chief Justice Muhammad Noor Maskanzai and Justice Muhammad Hashim Kakar – had given the ruling while hearing a constitutional petition filed by the All Government Teachers’ Association (AGTA).

Legal action will be taken by the department concerned if the ban is defied, the court order read. The head of the department would also face legal action if the ban was violated, it added.

The judges said strikes by teachers and doctors directly affected the masses. Moreover, people had to face difficulties due to roadblocks. If any government employee had any problem, he or she should adopt the legal recourse and approach the court.

Later, the All Government Teachers’ Association challenged the BHC order through their attorney Asma Jahangir in the Supreme Court. A three-judge bench of the apex court – headed by Justice Gulzar Ahmad – took up the appeal on Monday.



Jahangir argued that peaceful protest is a fundamental right of every citizen, including government servants. The Balochistan High Court has overstepped its jurisdiction by passing such an order [ban on protest], she said.

The bench concurred with Asma’s argument and suspended the BHC order. It also issued notices to all respondents and adjourned the hearing indefinitely.

 

Published in The Express Tribune, February 9^th, 2016.