IHC asks govt to talk to PTI on protest call

CJ Aamer Farooq orders ban on protests, rallies or sit-ins

ISLAMABAD:

The Islamabad High Court (IHC) on Thursday ordered the government to engage in talks with the Pakistan Tehreek-e-Insaf (PTI) for a peaceful protest on November 24. However, the court added that if the negotiations failed, the interior minister would be responsible for maintaining law and order in the federal capital as per the law.

The issue of PTI's planned protest in Islamabad was brought before both the IHC and the Peshawar High Court (PHC). The courts were asked to prevent an "assault" on the federal capital by the party's workers and supporters.

IHC Chief Justice Aamer Farooq heard the petition filed by the Traders Association President Asad Aziz. Later, the court issued a five-page order. The order noted that as per the law, an application for protest permission must be submitted to the authorities seven days in advance.

"The legislature recently enacted Peaceful Assembly and Public Order Act, 2024, whereby for an assembly in Islamabad Capital Territory, an application is to be made in writing to the District Magistrate not later than seven days of the intended assembly," the order said.

"This Court was informed that till date, no such application has been made," it further said, adding: "This Court was also informed that though there is some communication with the leadership" of the PTI but no formal engagement as such had been made.

"This Court was also informed that the President of Belarus with his delegation of more than sixty persons is arriving on 24.11.2024 and their protection and freedom of movement is of utmost importance and directly involves relationship with another country, hence the larger public interest is involved."

The court ordered that it would be appropriate that the interior secretary formed a committee, headed by the interior minister or any suitable person and including the Islamabad chief commissioner, to contact the PTI leadership and apprise them of the sensitivity of Belarus president's visit.

"This Court is sanguine that as and when such formal engagement is made, some development would take place," the order stated. However, in case, no breakthrough was made, the order continued, ensuring law and order situation was the responsibility of the interior ministry.

"Respondent No.1 to 4 [interior ministry and Islamabad administration] shall do the needful for ensurance of maintenance and law and order in ICT, Islamabad. In this regard, no protest or rally or for that matter sit-in shall be allowed by Respondents No.1 to 4 in violation of Act of 2024," the order said.

Earlier, petitioner's lawyer Raja Rizwan Abbasi stated that the PTI was giving the impression of an assault on Islamabad, adding that such protests without permission gave the impression of lawlessness in the country. The petitioner requested the court to order the PTI to stop its illegal protest.

Abbasi also told the court that the situation had come to a point that a protest was being held under the patronage of the chief minister of a province – a reference to Khyber-Pakhtunkhwa (K-P) Chief Minister Ali Amin Gandapur.

During the hearing Interior Minister Mohsin Naqvi, who appeared in court, said that Belarus President Aleksandr Lukashenko would be arriving in Pakistan on November 24 along with a 65-member delegation; therefore, the capital's Red Zone had to be secured.

"The dates of the [[PTI's] protest are fixed when a delegation from outside comes to Pakistan. The same situation happened before the SCO [Shanghai Cooperation Organization] conference," Naqvi told the court. "We have to secure the Red Zone," he added.

Naqvi said that a short while ago, dozens of people had been martyred in K-P and the government had to decide where its focus should be – here in Islamabad or there in K-P. "We have to deploy FC [paramilitary Frontier Corps] on one side," he said.

"We are not saying no to protests. But those who want to protest should do it in their own areas. What is the purpose of coming to Islamabad to protest? It is being stated that this is a Jihad, they have just declared a protest and are coming here to storm the city," he continued.

Addressing the minister, the chief justice remarked that a similar request was made earlier regarding the Islamabad protest. He added that he did not usually summon ministers, but asked what was the fault of the general public in such a situation and how it would be dealt with.

The chief justice further remarked that businessmen had come to the court with the plea that their businesses were being affected. Blocking roads by placing containers or shutting down the internet was not a solution to the problem.

Personally, Naqvi said, he himself was against placing containers on the roads, adding that school closures affected children's education. He also pointed out that the government paid from its coffers for the containers.

In the previous such protests, the minister told the court, one policeman was martyred, 300 Afghan nationals were arrested. The chief justice told the interior minister that it was his [Naqvi's] responsibility to maintain the law and order.

Talking to the media after the hearing, Naqvi ruled out negotiations with the PTI founder, stating that "dialogue cannot take place under threats". He emphasized the government was focused on ensuring safety of the city and upcoming state events.

Naqvi said that stringent security measures, such as placing containers and potentially suspending mobile services, would be implemented to protect the visiting Belarus delegates and maintain order in the federal capital.

"The safety of state guests is our top priority, followed by the security of Islamabad's residents. Protests during such crucial times cannot be allowed," he asserted. "Protests are not prohibited, but they must be confined to their own districts and provinces. Marching on Islamabad will not be permitted."

Responding to questions Naqvi clarified that no talks were under way with the PTI founder. "I support dialogue, but it cannot happen under threats or conditions that disrupt law and order," he added. He also dismissed PTI's deadlines for negotiations.

Meanwhile, a writ petition was filed in the PHC to stop the PTI's protest on Sunday. The petitioner requested the court to declare the protest as illegal, taking the plea that it was against the fundamental rights of the public. "The PTI should be stopped from this illegal action," the petition stated.

(WITH INPUT FROM OUT PESHAWAR CORRESPONDENT)