SCBA asks govt to refrain from 'unconstitutional' moves

SCBA says right to protest, participate in political activity right of every citizen; IHCBA challenges road closures


Our Correspondent May 24, 2022

ISLAMABAD:

The Supreme Court Bar Association (SCBA) urged the government on Tuesdsay to refrain from taking steps that were against the law and the Constitution, and allow everyone to profess their fundamental rights as guaranteed under the Constitution.

In a statement issued by SCBA president Muhammad Ahsan Bhoon and secretary Waseem Mumtaz Malik, the association maintained that the right to protest and participate in any political activity was the fundamental right of every citizen of Pakistan and that the government must not hinder the activities of any political party or stop any of them from exercising their fundamental right.

The officials stated that the raids being conducted at the residence of any political worker or citizen were totally unwarranted, against the law and the Constitution. The SCBA particularly condemned the raids on the residences of lawyers as well as their arrests.

They further expressed concern that senior lawyers like Babar Awan and Fawad Chaudhry were deprived from performing their professional obligations due to the ongoing turmoil. 

 

IHC approached against roadblocks

The Islamabad High Court Bar Association (IHCBA) approached the Islamabad High Court (IHC) on Tuesday requesting the court to direct authorities to unblock roads and highways and not hinder the movement of citizens.

The petition, filed by IHCBA President Shoaib Shaheen, contended that the association firmly believed in the supremacy of the Constitution and has always strived to protect the fundamental rights of the citizens of Pakistan and the Rule of Law.

Read Islamabad braces for PTI's long march as crackdown intensifies

The lawyers' association's request came as the government announced thwarting the Pakistan Tehreek-e-Insaf's (PTI) long march to Islamabad, scheduled for May 25 (tomorrow).

The petition stated that the roads and highways being blocked by different institutions and executive authorities prevented “learned advocates, citizens of Pakistan including ambulances, and doctors” from reaching their destinations.

It further said that advocates were stuck on roads for long periods of time and were unable to approach the high court, depriving them of their fundamental rights as Pakistani citizens and hindering access to justice.

“Freedom of movement is the fundamental right of every citizen of Pakistan and all the Executive authorities, state agencies, state institutions and the Government of Pakistan and all the Provinces, as well as the public functionaries, are bound to obey the Constitution and exercise their powers within the four corners of the provisions of the Constitution,” the petition stated.

It detailed that all protestors were bound to not disturb or violate the fundamental rights of the other citizens and to abide by the provisions of the Constitution and law and not create disruption.

“It has also been reported in the Press and the Electronic Media that the citizens of Pakistan including advocates, parliamentarians and suspected protestors as well as the workers of one political party are being arrested, harassed without any reasonable and lawful justification and violating the fundamental rights of the citizens of Pakistan, which is illegal, unlawful, contrary to the provisions of the Constitution,” the petition said.

It contended that the instant Constitution Petition had been filed for the protection of fundamental rights guaranteed under the Constitution of Pakistan because the instant matter relates to the issue of public importance involving fundamental rights.

The Constitution petition was filed under Article 184 (3) of the Constitution.

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