Courts bar ‘unnecessary’ arrest of PTI activists

IHC issues notices to authorities; LHC seeks report on people held so far

ISLAMABAD/LAHORE:

The Islamabad and Lahore high courts on Tuesday restricted the government from ‘unnecessarily’ harassing and arresting PTI activists and leaders.

The two courts issued the directions just hours after police launched a crackdown on the PTI and raided the houses of party leaders allegedly forcing them to go into hiding.

The IHC issued notices to the concerned quarters to stop the "unnecessary harassment and arrests" of the former ruling party’s activists and leaders.

IHC Chief Justice Athar Minallah was hearing a petition against the recent arrests of PTI workers and closure of routes amid the party's much-hyped long march to the federal capital on May 25.

During the proceedings, the PTI’s counsel prayed that a peaceful protest was the party’s constitutional right but a crackdown was underway against its activists across the country.

He requested the court to bar the government from arresting party activists. To this, the IHC CJ remarked that the high court had in the past issued verdicts regarding rallies in light of the Supreme Court’s ruling on the 2014 sit-in.

“The sit-in was held in 2014 with the permission of the government and that was why the order was issued. Some time ago, national assembly members were also harassed in the parliament lodges. The government should ensure that the constitutional right is allowed to be exercised peacefully," the judge said. He added that a peaceful protest was the PTI's right.

However, Justice Minallah pointed out that parliament and PTV buildings were attacked after the 2014 order whereas a senior police officer was also injured.

"The State's writ was challenged at that time. Could the court have taken responsibility for what happened after the 2014 sit-in? Whoever did it has not been caught so far, so the court has to be careful.”

The IHC CJ asked the PTI lawyer if he had filed a request for the upcoming rally. To this, the lawyer replied in the affirmative.

The court then asked the lawyer if he could provide an affidavit stating that no incident would take place during the sit-in and that the counsel would be responsible if an unfortunate incident occurred.

“If you cannot provide an affidavit then how can the court issue a general order?" the judge asked.

Read: Constable killed during raid at PTI leader's home in Model Town

Subsequently, the IHC restricted the government from arresting PTI activists and also issued notices to IG Islamabad and the commissioner to follow these orders.

In the LHC, Justice Abdul Aziz regretted that both the government and the opposition were pushing the country towards destruction without thinking about the future of the nation.

PTI’s counsel advocate Azhar Siddique argued that police officials were harassing PTI’s lawmakers including women and its activists who wanted to join the long march in Islamabad.

Recalling the time of the Tehreek-e-Labbaik Pakistan (TLP) protest, he said: “I, at that time, had said the bails of the party activists should not be accepted.”

“How some people could derail a sitting government?” he asked.

Siddique maintained that PTI leaders, women and activists were being harassed and illegal raids were being conducted -- which was a sheer violation of the sanctity of homes.

He asked the court to instruct the police to produce detention orders or any arrest warrants at the time of a raid.

On a point, Justice Aziz remarked: “I pray to God to award wisdom to this country’s leaders so they could know how to take Pakistan ahead.” Justice Aziz also sought a report from the Punjab chief secretary and provincial police chief by May 25 on a petition filed against the illegal harassment and arrests of PTI’s activists and leaders.

The provincial additional attorney general and assistant advocate general, however, opposed the petition filed by Advocate Yousaf Wyne.

PTI’s representatives had filed different writ petitions with the LHC seeking directions to the concerned quarters to restrain police from harassing or arresting their lawmakers and activists who were marching towards Islamabad.

The petitions were filed by PTI’s lawyers and lawmaker Dr Yasmeen Rashid through Advocate Azhar Siddique.

The petition contended that the federal and provincial governments had started “undue interference” in the peaceful arrangements of the long march, which was the basic and fundamental right of every citizen.

It claimed that police officials on the directions of the respondents (interior minister, chief secretary, home secretary, IG Punjab and the CCPO) had made the lives of innocent voters, supporters and members of the PTI “difficult”.

It further maintained that the respondents had not only harassed and arrested their leaders and activists but also started blocking the main roads by placing containers.

It added that filling stations were  being pressured to stop the sale of the petrol to citizens -- an injustice to the general public.

The court was further prayed that directions be passed to the respondents to release all PTI activists and citizens who were “illegally” detained so that they could participate in the ‘Haqeeqi Azadi March’ (long march).

It further asked the court that as the current government had “employed different tactics” in order to “hinder the protest”, the following directions be given to the respondents: “Not to obstruct or hinder the path of the long march, not to interrupt mobile or internet signals, not to illegally arrest any participant and not to use force against them.”