The caretaker government once again prevented the Pakistan Tehreek-e-Insaf (PTI) from taking out a rally in Lahore under Section 144 of the Criminal Procedure Code (CrPC) but experts claimed on Sunday that the ban was imposed in contravention of the law.
It was stated that the PTI was conveyed via the Lahore deputy commissioner to postpone its rally in view of security threats, a cricket match, Jashan-e-Baharan, Marathon and the 7th population census.
In view of these concerns, the additional chief secretary (Home), imposed the ban on all political gatherings and rallies in Lahore in exercise of powers under Section 144 (6). The ban on political rallies came despite the start of the Punjab Assembly election process.
Earlier on Wednesday, the same day when election schedule was announced, Section 144 was imposed in Lahore, banning all kinds of public assemblies. Then the excuse of “undefined recent threat alerts”, and to ensure smooth flow of traffic, was given.
According to a senior government official, who spoke on the condition of anonymity, the power to impose the ban on rallies under Section 144 rested only with the district administration.
He added that both notifications were issued in contravention of the law. He explained that Section 144 (6) under which those powers were being used, only allowed the provincial government to extend the ban, and not to impose it.
Legal expert, Sabahat Rizwi Advocate, also endorsed the view that the powers to extend a ban order rested with the provincial government but the powers to issue a notification in the first place rested only with the district administrations.
Senior lawyer and former advocate general Punjab Ahmad Awais said that this government had no regard for the law, adding that both those notifications did not have legal value.
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