Plea against protests: Qadri, Imran file responses in top court
PTI assures no extra-constitutional measures will be taken.
ISLAMABAD:
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.
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.