Protesters cannot be stopped: PHC

Reserves decision on PTI march challenge, advises against taking machinery

PESHAWAR:

The Peshawar High Court has reserved its decision on a petition filed to stop Pakistan Tehreek-e-Insaf's (PTI) protest scheduled for November 24.

During the hearing, Justice Syed Arshad Ali remarked that the public is frustrated with the federal government, and road closures also cause inconvenience. "What if people still proceed? We cannot stop them. Just don't take heavy machinery along," he said.

The case was heard by a two-member bench consisting of Justices Syed Arshad Ali and Waqar Ahmad. At the start of the hearing, petitioner Jalaluddin's lawyer presented his case, stating that the law and order situation in the province is not stable, and PTI is organising a protest on November 24.

The lawyer claimed that police and government employees are being asked to participate and that public resources and taxpayers' money are being used for the protest. He expressed concerns about increased security risks if law enforcement personnel were involved.

Justice Syed Arshad Ali questioned whether government employees were participating voluntarily or under directives from authorities. He inquired about the advocate general's presence, and the case resumed after Shah Faisal Utmanzai and Additional Attorney General Sanaullah appeared.

Justice Arshad Ali asked the advocate general for the provincial government's stance. The AG responded that the petition was inadmissible as there were no directives to use government machinery.

The petitioner's lawyer countered, saying such claims are made, but government resources are often used regardless. He cited an incident where the lack of rescue machinery exacerbated a factory fire.

The court explored two issues: whether government employees are taken along or go voluntarily. The petitioner's lawyer pointed out that during previous protests, motorways were blocked for three days, causing hardship.

Justice Arshad Ali asked if the petitioner had a business affected by the protests, to which it was revealed that he runs a tyre business. Justice Waqar Ahmad remarked humorously that the protest might even benefit the petitioner, as damaged tyres would increase sales.

The petitioner's lawyer emphasised the inconvenience caused by road closures, to which Justice Arshad Ali acknowledged their own difficulties due to blocked roads. The AG denied any plans to block roads with containers, adding that if roads are blocked, it is the federation's doing, not the provincial government.

He also stated that peaceful protests are a constitutional right and should not be curtailed.