SC refuses to restrain PTI’s long march
The Supreme Court on Thursday refused to pass any anticipatory order to stop the PTI’s planned second long march on the federal capital.
The top court, however, gave a “free hand” to the government to tackle the law and order situation.
A five-judge larger bench of the SC, led by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi and Justice Sayyed Mazahar Ali Akbar Naqvi, took up the federal government’s contempt petition against PTI chairman and deposed premier Imran Khan over the violation of the top court's May 25 order.
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The SC had restricted the PTI from holding its Azadi March near Peshawar Mor between the H-9 and G-9 areas of Islamabad.
However, Imran and his supporters did make their way towards D-Chowk, prompting the government to summon the army for the security of the capital’s Red Zone.
The government, in its contempt petition, has also requested for a restraining order against Imran from creating a perceived law and order situation through his upcoming second long march to Islamabad’s D-Chowk.
During the proceedings, CJP Bandial said the federal govt was free to take steps to control the law and order situation and protect public properties during the upcoming PTI long march.
He added that the SC would intervene whenever there was a violation of law by either side.
“We are the judicial authority. You are at liberty to maintain the law and order situation,” the CJP told Attorney General for Pakistan (AGP) Ashtar Ausaf Ali.
The AGP had requested the court to pass a restraining order to prevent the PTI from “storming the federal capital”.
However, the CJP told AGP that he was asking to pass an order in anticipation.
Justice Ahsan also remarked that the court would intervene whenever the law would be violated.
The SC also ordered to provide it with the agencies' reports on ascertaining the facts about the violation of May 25 order by the PTI leadership.
The bench asked the AGP to maintain the agencies reports classified.
Earlier, four members of the bench had showed restrain and sought agencies’ reports to verify the allegation of the involvement of the PTI leaders, especially its chairman, in instigating party activists to reach Islamabad’s D-Chowk in violation of the court’s order.
The agencies have already submitted their reports to the court four months ago.
During the hearing, the AGP contended that citizens’ rights had been affected by the PTI’s previous sit-in.
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“The PTI had submitted an affidavit stating that citizens would not be inconvenienced,” he added.
“The court order allocated a specific place but the sit-in was brought to D-Chowk, which resulted in material losses. The court should punish those who violated its orders,” the AGP asked the court.
The AGP also read out the SC’s May 25 order in the court.
“The order prevented us from arresting [PTI’s] workers. It directed the Inter-Services Intelligence (ISI), Intelligence Bureau (IB), Inspector General Islamabad and interior ministry to submit reports.
When the reports were submitted, it was found that PTI had violated the assurances,” the AGP added.
He told the court that he had not been provided copies of the reports.
The bench assured him that he would be given the reports.
The AGP told the court that cops from Khyber-Pakhtunkhwa and Azad Jammu and Kashmir had also entered the capital during the march.
The bench then provided reports to the AGP from the police and administration regarding that day’s events and asked him to examine them.
When the CJP asked what the AGP wanted, the Ausad replied that the PTI chief was calling the attack on Islamabad a jihad.
The CJP observed that according to the reports, around 300 people came towards Red Zone in Islamabad on May 25. However, he noted that it appeared that they were local residents. “Had they been protesters, they would have been more in number,” he added.
He observed that 13 people had been injured in the “Azadi March” and public property had been damaged.
“We will analyse reports in this matter. You should prepare in accordance with the law,” he told the AGP while referring to the PTI’s upcoming march, the date for which had yet to be announced.
The court later adjourned the hearing till October 26.
(With input from agencies)