PTI protest: IHC says no rally violating gathering law 'shall be allowed'

ISLAMABAD: Days ahead of the Pakistan Tehreek-e-Insaf's protest in Islamabad, the Islamabad High Court (IHC) has permitted the authorities concerned to bar the opposition party from holding any protest or rally in the federal capital violating the newly enacted peaceful assembly law.

This verdict was announced after the IHC Chief Justice Aamer Farooq conducted a hearing of a petition filed by Advocate Rizwan Abbasi on behalf of a trader association president earlier today.

Interior Minister Mohsin Naqvi also appeared in today's hearing after being summoned by the court.

In a five-page verdict issued following the hearing, the IHC's top judge noted that that learned counsel for the petitioner — who is a trader by profession — contended that life in Islamabad Capital Territory comes to a complete halt whenever there is any political activity, protest or sit-in.

It was submitted that it is the obligation of the authorities to ensure that whenever there is any political activity or protest, no hindrance is caused in the fundamental rights of livelihood and freedom of movement or for that matter any citizens of Islamabad Capital Territory.

"It is also provided in the Constitution that such restrictions are only justifiable through legitimate purposes which must be in the best interest of the larger public," the verdict read.

Recalling its last month's verdict regarding the rallies and public gatherings in Islamabad, the IHC judge stated that fundamental rights of freedom of assembly and movement are provided to the citizens of Pakistan, however, they are subject to proportional and reasonable restrictions.

In its previous ruling on October 5, the IHC had directed the local authorities to allocate a designated place to the PTI for organising its demonstration and to stop any unlawful protest in the federal capital that create situation of lockdown or disrupt peace during the period of SCO summit.

In today's verdict, Justice Farooq stressed that the maintenance of peace and law and order in ICT is the responsibility of the Ministry of Interior and Islamabad administration.

However, the IHC directed the authorities to maintain the "principles of proportionality and legitimacy of public purpose and aim bind the said authorities to prevent harsh or disproportionate restrictions which would otherwise amount to unlawful infringement of rights".

Justice Farooq directed the authorities concerned to constitute a committee "to be headed preferably by the Minister for Interior or any other person to engage with the" PTI leadership, informing them of the sensitivity over the weekend due to visit of Belarus president.

It added that no formal application was sent to the authorities concerned to seek permission for the assembly [PTI's protest].

"This Court was also informed that though there is some communication with the leadership of respondent No.5 [PTI] but no formal engagement as such has been made."

In case of "no breakthrough" in talks between the government and the PTI leadership, the authorities have the responsibility to ensure law and order situation without minimum to the life of ordinary citizens and no violation of the Islamabad rally law, the high court ruled.

It also directed that the authorities do not allow any protest, rally or sit-in in violation of the prescribed law for assembly in Islamabad.

Justice Farooq stated: "It is expected that the leadership of respondent No.5 shall take into account the factors which have been put forwarded by Minister for Interior and engage in meaningful communication with the committee so constituted."

The IHC chief justice ordered the authorities concerned to file a report before the next date of hearing. The IHC will resume hearing on the petition on November 27.

The federal government is bracing for up the party's "do-or-die" protest, with the authorities planning to seal off Islamabad, while the PTI is also mobilising its workers to ensure massive participation.

Last week, incarcerated PTI founder Imran Khan, who has been behind bars since August last year, gave a call for a nationwide protest against the alleged rigging in the February 8 elections, arrests of party workers, and the passage of the 26th Amendment.