ISLAMABAD: The Supreme Court registrar’s office returned on Thursday a petition filed by the PTI seeking permission for another long march in Islamabad.
A day earlier, the PTI had moved the top court seeking assurances that its workers and leaders will not be arrested and the party will be allowed to hold protests in the federal capital.
The petition, filed under Article 184(3) of the Constitution, has named the federal government, Islamabad's inspector-general of police, and all the provinces and their police chiefs as parties.
In its petition, the PTI has pleaded with the court to direct authorities to not torture or arrest or use any force or coercive measures or intimidating tactics, against the citizens of Pakistan and the supporters, workers, members and leaders of the public who want to peacefully hold any protest or assembly announced by it.
The party prayed to the court that the federal and provincial governments be ordered to not create any hindrances or obstacles whatsoever, including blocking access to or from any place or city in any manner or restricting the movement of the people in any manner through any means.
It also pleaded the top court to issue directives to the government to not use violence including force or any strongarm tactics against any citizen, supporter, worker, member or leader of the party who chooses to participate in the upcoming peaceful assembly.
Whether freedom of movement and the right to peaceful protest and procession, is a fundamental right of all the citizens of Pakistan, under the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter the “Constitution”)?
Whether constitutional rights, enshrined in Articles 4, 5, 8, 9, 10, 14, 15, 16, 17, 19 and 25 of the Constitution, can be unreasonably curtailed by executive authorities, through the use of disproportionate and unlawful force on the peaceful citizenry?
Whether the fundamental rights, enshrined in Articles 8, 9, 10, 14, 15, 16, 17, 19 and 25 of the Constitution must be respected and protected from unconstitutional and illegal curtailment by the governmental authorities?
Whether the State and governmental agencies of Pakistan can unlawfully deprive citizens of their liberty, guaranteed under Articles 9 and 10 of the Constitution, by arresting individuals who are participating in, or intend to participate in, a peaceful protest for the attainment of their democratic rights?
Whether the governmental agencies can, without any cause or reason, browbeat, intimidate, or physically harm individuals and groups who gather for a peaceful procession, thus violating their ‘inviolable’ dignity and privacy of home, as guaranteed under Article 14 of the Constitution?
Whether the citizens of Pakistan have the right to peacefully enter, move around and remain in various territories of Pakistan, in accordance with Article 15 of the Constitution?
Whether the citizens have the right to peacefully assemble, protest and hold demonstrations, for the achievement of their democratic demands, in accordance with the letter and spirit of Article 16 of the Constitution?
Whether the petitioner, a duly registered political party, has the fundamental right to organize, associate and conduct a nationwide political rally, in accordance with Article 17 of the Constitution, without unlawful interference by the federal and provincial government authorities?
Whether the arrest and detention of members of the petitioner's political party, prior to or during a peacefully organized protest, amount to illegal detention and arrest, as well as a violation of the Petitioner’s rights under Article 17 of the Constitution?
A day earlier, the SC said it was "disappointed" to note that riots took place in the federal capital despite its order to create a balance between both sides — the PTI and the government.
"We are disappointed to note that bona fide effort made by Court was disrespected," the Supreme Court said in a written order on the plea filed by the Islamabad High Court Bar Association (IHCBA) against the government’s decision to block roads to stop PTI's "Azadi March".
The top court had earlier disposed of the IHCBA's petition and issued a verbal order a day after PTI Chairman Imran Khan on May 26 had announced calling off the long march.
In the written order, the court also said it was "disappointed" to note that riots took place in the federal capital despite its order to create a balance between both sides — the PTI and the government.
"This balance was recorded in good faith by the Court whilst trusting the representations made on behalf of the two opposing parties before it. We are disappointed to note that the bona fide effort made by the Court was disrespected," the apex court said.
The court said by acting upon assurances given on behalf of the top leadership of PTI and issuing directions to the government, its order created a balance between the mutual rights and obligations of the protesting people, the ordinary public and the duties of the state.
The SC said it passed the order — by trusting the representations made and assurances given to the court — to create harmony between the two opposing sides for the sake of protecting the public interest and the constitutional rights of the people.
"In the present case, to say the least, the moral high ground held by the parties has diminished because public rights, interests, and property of the disinterested public have been breached and damaged badly," the SC said.
The SC said it expects that the high functionaries of the executive throughout the country and the top leadership of the PTI and other political parties shall abide and settle a fair code of securing free, fair, and peaceful political activity in the country leading to the holding of the national election.
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