PTI Sept 27 protest: IHC rules no political party, public office holder can block roads in Islamabad

Chief ministers ordered to ensure public funds, government officers and personnel not deployed for political protests

ISLAMABAD:

The Islamabad High Court (IHC) on Monday ruled that no political party or public office holder had the authority to block roads in the capital, as it disposed of a petition against a possible PTI long march on September 27 with directions to provincial and federal authorities.

The PTI last month announced a September 27 march in Islamabad to demand the release of Imran Khan, with caravans from across the country expected to converge on the federal capital. The party also planned protests, shutdowns and demonstrations along major highways in cities, including Lahore, Karachi, Hyderabad and Quetta.

The petition, filed by citizen Waqas Ahmed, argued that the PTI’s planned September 27 protest and long march could affect his business in Islamabad. His lawyer raised concerns over the possible use of government machinery and referred to the party’s previous attempt to enter the capital in 2024.

A larger bench comprising Chief IHC Justice Sardar Sarfraz Dogar, Justice Azam Khan and Justice Muhammad Asif issued the directions. The court directed provincial governments to ensure that state resources were not used for any march, procession or rally. Chief ministers were also ordered to ensure that public funds, government officers and personnel were not deployed for political protests.

The court ruled that government vehicles, machinery and other official resources could not be used to facilitate any procession or rally, while no government employee could be forced to participate in a march, procession or rally.

The court further directed chief secretaries to initiate departmental proceedings against any government official who failed to implement its orders. It said chief ministers must ensure that government machinery was not used for political protests and that no official complied with an order forcing them to participate in a protest or rally.

Read: IHC seeks assurance against govt machinery use in PTI's Sept 27 march

Any official who was pressured to carry out such an order should immediately inform their provincial chief secretary, chief commissioner or inspector general of police, the court said. Government officers were also directed not to allow their subordinate staff to join any march or protest travelling towards Islamabad.

The court instructed the Islamabad administration and Ministry of Interior to ensure the protection of citizens' constitutional rights.

Chief secretaries and provincial police chiefs were directed to ensure compliance with the court's instructions. The federal interior secretary, Islamabad chief commissioner and Islamabad inspector general were also ordered to ensure implementation of the directives.

At the previous hearing on September 11, IHC sought affidavits from the K-P chief secretary and inspector general of police confirming that government machinery would not be used for the September 27 protest. K-P Advocate General Shah Faisal had challenged the IHC’s jurisdiction, arguing that its authority was limited to Islamabad and did not extend to other provinces.

During the hearing, the K-P chief secretary and inspector general had submitted affidavits stating that government resources and machinery would not be used for protests.

CJ Dogar questioned K-P Inspector General Zulfiqar Hamid about the measures that would be taken to stop an illegal protest. The chief justice said the affidavit should state that no illegal protest would be allowed, adding that the court could write the undertaking on the official's behalf.

“You will stop the illegal protest and disperse the protesters,” the chief justice said.

The IG assured the court that the police would stop any illegal activity.

Read more: IHC seeks record of action against past court order violators ahead of PTI Sept 27 march

The court also allowed a miscellaneous application by Islamabad Advocate General Naveed Malik seeking to play videos of previous PTI protests held in 2022 and 2024. The videos were subsequently played in court.

The advocate general told the court that laws governing protests in Islamabad were already in place and required organisers to submit an application with details of the proposed protest so that security arrangements could be made accordingly.

He said a magistrate had the authority to reject an application for permission and that the law stated that no protest could be held without the magistrate's approval. The government also had the authority to declare any area a Red Zone, he added.

Malik said two objectives appeared to be behind the proposed long march: the release of a convicted prisoner and the removal of the government. “There is no evidence anywhere that this rally will remain peaceful,” he said, adding that both of PTI's demands were unconstitutional.

Responding to the K-P advocate general's argument that the protest was aimed at upholding the rule of law and strengthening the judiciary, Malik said that anyone seeking the release of a convicted prisoner should approach the courts.

“If you are unhappy with the prime minister, go to parliament and move a vote of no confidence,” he said. “If you want to overthrow the government at street corners, then do not talk about the rule of law,” Malik added.

The advocate general said more cases were being filed in courts than before, which he argued showed that public confidence in the judiciary was increasing.

He said the protesters wanted to travel to Islamabad with government resources, but the administration did not have the capacity to stop them outright. “We can only make arrangements, such as imposing Section 144. We cannot fire at our citizens or take their lives,” Malik said.

He stressed that action had to be taken before the situation got out of hand.

After the completion of arguments, the court reserved its decision and later disposed of the petition with directions.