SC refuses to initiate contempt proceedings against Imran over May 25 order

Five-member larger bench heard the petition

ISLAMABAD:

The Supreme Court on Thursday refused to initiate contempt proceedings against Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan over the non-implementation of its May 25 order.

The apex court had issued clear instructions to hold its Azadi March protest near Peshawar Mor between the H-9 and G-9 areas of Islamabad. However, Imran and his protestors did make their way toward D-Chowk, prompting the government to call in the Pakistan Army for the security of the capital's Red Zone.

The apex court formed a five-member larger bench, headed by Chief Justice Umar Ata Bandial, to hear the application filed by Attorney General of Pakistan Ashtar Ausaf.

At the start of the hearing today, the chief justice asked the AGP to take the rostrum, who read the court's May 25 order regarding PTI's long march.

Ausaf maintained that despite clear orders from the court, Imran along with his supporters reached the federal capital's D-Chowk area. A clip of the PTI leader's speech was also played in the courtroom.

The chief justice retorted and asked the attorney general if he would now inform the court of the country's situation, to which, Ausaf reiterated that the court's order was ignored and added that Imran's instructions to his workers, urging them to reach D-Chowk, came after the court had issued its order.

"Imran claimed in a message that the Supreme Court had given permission," said the attorney general.

Justice Bandial stated that perhaps the former premier did not receive the message correctly and PTI supporters who arrived at D-Chowk were unaccompanied by the party leadership.

The PTI leadership was not present during what happened yesterday, the attorney general said with regards to the unrest in Islamabad on Wednesday night.

Chief Justice Bandial said that the matter would be heard further and emphasised that the prominent issue was differences between the two parties. He added that the court had sought to build trust between the involved parties through yesterday's verdict.

The court also stated that the bench was formed for the protection of constitutional rights and not to accuse any individual or party involved.

You are saying that court orders were not followed and people were injured, however, law enforcement agencies took action, the chief justice said to the AGP.

He reiterated that the court was the defender of the Constitution and protector of fundamental rights. “Yesterday, the court had issued a balanced order and a written decision will be issued later,” he said.

CJ Bandial highlighted that it was the responsibility of every citizen to abide by the Constitution and the law and further said that at a time when the tempers were running high, the court did not want to delve into the depths of the case.

What happened is unfortunate and we went one step further and tried to resolve the issues, Chief Justice Bandial stated.

The application was moved by the incumbent federal government through the Attorney General of Pakistan Ashtar Ausaf, stated that despite "clear directions" by the SC, Imran Khan had "directed his party members to march on Islamabad and directed them to reach D-Chowk".

It maintained that following the apex court's proceedings, security arrangements were relaxed and movement was allowed, however, PTI members took advantage of the changed security measures and "started destroying state properties including vehicles".

According to the petition, fire fighting vehicles valued at Rs30-50 million had been destroyed by PTI workers and trees had been set on fire.

"The PTI workers are seen armed with automatic weapons. One former minister is also seen as intimidating police personnel," it stated.

The petition said that if the situation was not averted immediately, it could escalate into "an irretrievable and irreparable situation".

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"The PTI leadership has violated the directions of the Court and their march on the state capital and provincial metropolitans is likely to inflame the already polarized and charged atmosphere".

PHOTO: EXPRESS

A change in the government’s strategy was witnessed soon after the Supreme Court ordered the government to allow PTI to organise their long march at a ground between H-9 and G-9 areas of the federal capital.

Read more Imran joins long march as PTI workers clash with police on streets

Though the representatives of the PTI had assured the apex court that no damage would take place to any property during the rally, the scenes at Blue Area not just contradicted it but were horrifying as trees, greenbelt areas, and public property was set on fire.

Later in the evening, in a video message tweeted by the party, Imran urged the nation to take to the streets wherever they were and said people heading to Islamabad must reach D-Chowk – despite the apex court’s orders delegating where the PTI could hold their long march.

"I will make it there in a couple of hours," the PTI chairperson had tweeted.