IHC orders designated protest area for PTI

ISLAMABAD:

The Islamabad High Court has ruled that no unlawful gatherings will be allowed in the federal capital, especially during the upcoming Shanghai Cooperation Organisation (SCO) summit.

The court instructed local authorities to designate a specific area for Pakistan Tehreek-e-Insaf (PTI) to hold its demonstration. It stressed that protests or lockdowns disrupting the city's daily life must be avoided.

A written order was issued by Chief Justice Aamer Farooq on Saturday, following a hearing on a petition filed by Blue Area trader Raja Hassan Akhtar regarding disruptions caused by protests.

In its ruling, the court directed the Islamabad administration and the government to allocate specific areas for demonstrations and ensure that protesters do not disrupt public life. "Article 16 and 17 of the Constitution grant citizens the fundamental rights of assembly and movement, but these rights are subject to lawful restrictions," the order stated.

The court was informed that a political party's workers were marching towards the Red Zone, which would paralyse movement across the city.

The CJ directed the authorities to take appropriate measures to maintain peace and order in the capital.

The court was also told that the army had been deployed under Article 245 to maintain law and order, and Section 144 was imposed throughout the city.

"Given this situation, no protests can be allowed in Islamabad," the court ruled, and scheduled the next hearing for October 17.

During the proceedings, the petitioner's lawyer, Inam Ameen Minhas, informed the court that businesses had been shut down for two days, and daily life, including students' exams and the movement of 150,000 people, was severely affected.

CJ Aamer Farooq acknowledged the situation, stating, "I understand the gravity; I myself had to pass through the containers to get here."

The lawyer highlighted the upcoming SCO summit, to which the chief justice responded, "The summit is still a week away, but every citizen's rights must be considered."

He said that it was the government's responsibility to ensure that the rights of all citizens are respected equally.

CJ Farooq summoned the Advocate General of Islamabad, asking him to convey to the Secretary of Interior to appear before the court.

"It may not be appropriate to summon the interior minister, but if he's available, he should also be present," the CJ remarked.

He also expressed concern about the disruption of mobile phone services for two days, noting, "What will happen in case of an emergency?"

Later, after a brief recess, Interior Secretary Khurram Ali Agha appeared in court, where the chief justice questioned why the entire city had been shut down.

The secretary explained that the Malaysian prime minister had been visiting Islamabad and additional security measures were taken in light of upcoming high-profile visits, including a Saudi delegation and the SCO summit.

"The government's role is to ensure equal rights for all citizens," the chief justice said, reiterating that no one had the right to block roads and disrupt the public.

"You must provide protesters with an appropriate place to gather, but it is your duty to maintain order in the city."

Expressing concern about the current state of Islamabad, he remarked, "The city looks like it's under siege, with mobile services down and the public unable to communicate in emergencies."

He warned the interior ministry to ensure the city is cleared and to take necessary steps to restore normalcy, stating that any untoward incident during the foreign delegations' visit would make the ministry responsible.

During the session, the secretary informed the court that the K-P chief minister was arriving in Islamabad with heavy government machinery, leading to damage and fires.

The chief justice reminded him, "The protesters are also citizens of Pakistan; you must protect their lives. However, if their actions endanger others, it becomes unlawful."

The chief justice instructed the interior secretary to balance the situation while maintaining peace, stressing that Islamabad must be a peaceful city. "What image will we project to foreign delegations if we show them a city filled with containers?"

The court adjourned the hearing until October 17, directing the interior secretary and chief commissioner to restore order and ensure the capital returns to normalcy by then.