Police flip flops on banning party flags

Police take action but higher ups deny any such instruction; ban would be against rights guaranteed by Constitution

LAHORE:

Punjab's inspector-general of police (IGP) and the federal information secretary denied issuing orders against the display of party flags on the occasion of Pakistan’s 76th Independence Day.

However, residents of the province face potential legal action for displaying party flags as per verbal directives issued by the outgoing government. Lahore police also admitted that they have received instructions against the display of party flags.

Media reports

Against the backdrop of a rally call by Pakistan Tehreek-e-Insaf (PTI) to celebrate Independence Day, two pieces of information landed back to back in the media - one that no political party would be able to take out a rally and the second that no individual would be allowed to display any party flag.

This information was first attributed to Punjab Chief Minister Mohsin Naqvi and then to the Lahore police chief, who was said to have passed these instructions during an internal meeting on police formations.

Read How to celebrate Independence Day this year

These instructions were passed on to the ranks and file of police claimed well-informed sources. They revealed that the supposed ban on displaying party flags was not only limited to cars, bikes and other modes of transportation but also on rooftops of any dwelling.

Meanwhile, PTI leader Shehbaz Gill shared a video in which a car was intercepted by police on Main Boulevard Gulberg for bearing a PTI flag. Passengers could be seen taking a beating from a policeman.

The Express Tribune could not independently verify the veracity of the video but it appeared authentic.

Other such incidents surfaced in Lahore. For instance, in Cantonment Division, police rounded up street vendors for selling PTI paraphernalia but no FIR was registered against them till the filling of this report.

It further emerged that the primary target of this action was the PTI, which has been on the receiving end of police action since losing its government in Punjab.

On whose orders?

Speaking to The Express Tribune, PSO to CCPO Lahore, DSP Kashif said that the instructions were not limited to PTI. No one is permitted to display a political flag, regardless of party affiliation, he said, that these directives were issued among the police force on the instruction of higher-ups.

When asked if there was any notification issued by the government in this regard, he said that the police have the necessary provision under the Pakistan Penal Code and are empowered to charge those who violate these instructions.

He said that sections of the PPC pertaining to disruption of peace and tranquility, distortion to peace and disobedience to an order lawfully promulgated by a public servant [Section 188] could be applied against violators.

When asked how displaying a party flag could disrupt peace, Kashif said it divides people into groups, pitting supporters of one political party against the other, which could disrupt peace during national day celebrations.

The DSP was then asked about the Constitution of Pakistan, which provides certain inviolable rights to citizens including the freedom of association and freedom of expression unless there are restrictions imposed by law. He replied that he would not be able to comment on this.

Interestingly Punjab IGP Usman Anwar, denied having passed on any instruction to stop people from displaying party flags. He, in a written response, said that the only instructions to be police were to stop miscreants and that was all.

Similarly, an official of the home department denied issuing of any such instruction. He said that the law could not be applied in such a whimsical manner. The assertion that the supporters of any political party could be stopped in such a manner was absurd, he added.

The Punjab information secretary also denied knowledge of any such orders while speaking to The Express Tribune. According to him, CM Naqvi’s position on the Independence Day celebration was more of an advisory position, which was given in his capacity as the executive head of the province.

The information secretary said that an advisory position could not be construed as a government decision.

He did add, however, that no political party would be permitted to take out a rally on August 14 as communicated by a notification issued by the home department regarding the imposition of Section 144 of the Code of Criminal Procedure (CrPC).

Meanwhile, on the matter of taking out rallies, the Punjab IGP said that rallies are subject to permission. He did not comment on whether there was an exclusive ban.

Former advisor to the outgoing PM, who held the status of a federal minister Irfan Qadir said that a ban on the display of party flags would be in contravention of Article 4 of the Constitution, which states that no person shall be prevented from or be hindered in doing that which is not prohibited by law.

Qadir, who has also served as the attorney general of Pakistan (AGP), said that such a ban would also stand in violation of Articles 17 [freedom of association] and 18 [freedom of expression].