Both Pakistan Awami Tehreek (PAT) chief Tahirul Qadri and Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan submitted their replies on Friday to a petition claiming that their protest sit-ins are violating fundamental rights.
In response to the top court’s notice, Qadri’s counsel Ali Zafar submitted a preliminary reply, stating that the judiciary should not take over the executive’s role in monitoring, allowing, curtailing or stopping political demonstrations. “Any entry by the judiciary in this political arena, howsoever respectful, at this stage could result in more damage than good.”
But it also pointed out that if the government decides to use force to quell a demonstration, then it will be the decision of the executive and all consequences, legal and political, as a result will be for the government to face. The government cannot ‘pass the buck’ and ask the court to take its responsibility.
It also argued that the PML-N, which is in power both at the centre and in Punjab, happens to be run by two brothers. The Punjab government has, as seen by millions worldwide, massacred the workers of PAT and shot innocent men, women and children, killing 14 and injuring 85.
“The government has also put thousands of PAT workers in jail and has detained many. Not even an FIR has been registered for these heinous crimes. It is the right of Dr Tahirul Qadri and PAT as a political party to raise its demands for the resignation of the prime minister and the chief minister and [call for] reforms.” PAT is exercising the same right to assembly as earlier movements like the movement for the restoration of judges, it contended.
Meanwhile, the bench expressed satisfaction over PTI chairman Imran Khan’s reply, wherein it is stated that the party believes in rule of law and supremacy of the Constitution as it has no intention of conducting or supporting any unconstitutional or extra-constitutional acts. PTI’s reply was submitted by advocates Hamid Khan and Ahmad Awais.
The PTI requested the court direct the government to remove shipping containers that are currently sealing the capital. At the same issue, the judges expressed their concern regarding the restriction on entry and exit of the Supreme Court building to PAT, which replied that restrictions around the Supreme Court have been imposed by the government and it is for the latter to ensure passage is provided to the apex court.
The Supreme Court five-judge bench, headed by Chief Justice Nasirul Mulk, asked the PAT counsel about his client’s response to the Constitution, as the PTI has submitted its commitment to its supremacy. Zafar said he would submit a reply after getting instructions from his client. The court asked him to submit a reply today (Saturday).
Justice Asif Saeed Khan Khosa pointed out that there were three issues in this case. Firstly, the violation of fundamental rights as there have been killings at Model Town. Secondly, there is an issue of political justice for elections were rigged and lastly, the fundamental rights of people who are not protesting are being impinged upon by the ongoing protest, he explained.
Published in The Express Tribune, August 23rd, 2014.
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Mr A.Khan your obserations are very correct . It seems to be written in the destiny of the poor people of Pakistan untill and unless corrective measures are taken at the earliest . But at present it seems to be not possible due to several reasons . One of the prime reason responsible for the prevailing situation is your religion and religious leaders. Why i am saying this like an uncivilized person is an issue which needs to be debated openly in your society to find out suitable answer as my answer in this regard may not be acceptable to most of you .
@A J KHAN: "...... Parliament is product of Rigging....."
Elections Commission supervised vote-casting, exercising the same level of "honesty" throughout the country. KPK was not unique. According to IK, large scale rigging took place. Thus the election of KPK legislators should be declared invalid.
Constitutional experts should look into the matter whether income thus obtained from an organ of the state, is illegal or not?
All remuneration received till now, by these legislators, by no stretch of imagination, can be regarded as Halaal ki kamaai and should be returned to the state immediately or face legal action.
Judiciary encouraged, supported, and celebrated, the Long March and the dharnas to restore CJ in the past. What is so different now?????
It is unfortunate that our masses (awam) are mostly illiterate and those who have degrees in papers they dont have practical education or sense to analyse the situation whether it is in favour of country or against the country. They are blindly following some non sense and self made so called political leaders who are taking steps to destroy economy of the country. If they are really political leaders they should adopt the procedures mentioned in Constitution of Pakistan to bring a change and improvement in law and order situation and economy of the country. Imran Khan could not get enough votes in election and now he is demanding resignation of PM, why and for what purpose. How can he sure that if new elections are conducted he would become PM of the country or even he becomes PM of the country no one can believe that he would deliver better than present government because his party's performance (present government in KPK is Zero). Similarly, Dr Tahirul Qadri who was a good scholar and having better understanding of religion has tarnished his image as well as PAT's image. I think his PAT is even not registered as Political party. Even if registered he has no MPA or MNA so he has not right to play with fortune of the country. He should mention in his speeches that what role of his grandfathers played during 1947. Allah may give us wisdom to serve this country. Thanks for your time to read my comments.
Pakistanis worst experience with Marches was when Iftikhar Ch was restored through the pressure of Corporate Media & rented processions. Hype created by corporate media for justice system translated into Judicial tyranny. Today poor man has been ousted from the justice system. Neither he can hire good Lawyer nor does the courts have time for him. On the other hand cases of influential people are directly handled at priority & decisions slapped in hours. Last two weeks has seen such cases both at LHC & supreme Court of Pakistan. End of the day, do we have a Parliament which will resolve our issues. The Answer is no if Parliament is product of Rigging. People are compelled to come out in open and March. March for their Rights Freedom & Revolution.
Now situation is taking 'U' turn .
I k got entangled in his own net .
The PTI and PAT are violating the rights of millions of residents in Islamabad every day. It's time to stop this nonsense and build the country by arresting Tahirul Qadri and telling Imran he was misguided by his advisers. There is no short cut to stability and good governance. Imran should learn to take care of KPK and show us what he can do instead of trying to steal power through illegal dharnas.
Why no one talks about hundreds of policemen on duty who were beaten and injured? This country has become anarchists paradise.