IHC forms larger bench over PTI September 27 protest

Chief Justice Dogar terms matter 'constitutional crisis', issues notices to respondents

ISLAMABAD:

Terming the PTI's upcoming protest a "constitutional crisis", the capital's high court on Tuesday formed a larger bench to hear a plea seeking court order to stop Imran Khan's party from staging a protest in the federal capital on September 27.

Islamabad High Court (IHC) Chief Justice Sardar Muhammad Sarfraz Dogar, while hearing the petition filed by a private citizen Waqas Ahmed also issued notices to respondents and sought replies by tomorrow (September 10).

The court also sought assistance from Attorney General for Pakistan Mansoor Awan. The larger bench that will hear the matter is led by Chief Justice Dogar and comprises Justice Muhammad Azam Khan and Justice Muhammad Asif.

The court summoned the chief secretaries and inspectors general of police of all four provinces in their personal capacity. It also directed the Islamabad chief commissioner, deputy commissioner and inspector general of police (IGP) to appear before the court.

The court summoned the advocate generals of all four provinces and the advocate general Islamabad. During the hearing, the petitioner's counsel said his client was a businessman operating in Islamabad and was an affected party because the PTI planned to bring the protest to Islamabad.

He argued that the cases against PTI founder Imran Khan were pending before the courts and that all such cases should be decided according to law. He said if the PTI's argument was accepted, all people across Pakistan whose cases were pending in courts would be allowed to take to the streets.

The counsel further questioned whether, after the alleged attack on the GHQ on May 9, 2023, there was now a plan to attack Adiala Jail, where Imran Khan is currently detained. He described the proposed protest as completely illegal.

Referring to the PTI's November 2024 protest in Islamabad, the counsel claimed that three Rangers personnel had been killed during the demonstration. He questioned how such deaths could have occurred if the protesters were unarmed.

He referred to a newspaper report claiming that the previous PTI protest had caused losses of Rs240 million. He questioned why such allegations were repeatedly made against the PTI and not against other political parties. He alleged that the party was seeking relief from the courts through pressure.

Justice Dogar asked whether the protesters would come along with the Khyber-Pakhtunkhwa (K-P) chief minister and government machinery.

The counsel replied in the affirmative and presented before the court a November 21, 2024 letter issued by the Ministry of Interior, arguing that government machinery had allegedly been used during the 2024 protest despite the ministry's directions.

The petitioner's counsel further argued that the PTI leadership was coming to Islamabad to support a convicted prisoner.

He said two cases involving Imran were pending before the IHC and the court had repeatedly asked the relevant party to advance arguments on the appeals, but the arguments had not been presented.

The counsel questioned whether, if two million people were brought to Islamabad, the government could ask the court to suspend sentences in the pending appeals. The court, terming the matter a "constitutional crisis," sought replies from the respondents and adjourned the hearing till Thursday.