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Saturday December 21, 2024

IHC orders admin to stop any unlawful protest in capital

IHC CJ states interior ministry and city administration are responsible for maintenance of peace in Islamabad

By Awais Yousafzai
October 06, 2024
The front gate of the Islamabad High Court building in Islamabad. —IHC website
The front gate of the Islamabad High Court building in Islamabad. —IHC website

ISLAMABAD: The Islamabad High Court (IHC) has directed the local authorities to allocate a designated place to the Pakistan Tehreek-e-Insaf (PTI) for organising its demonstration and to stop any unlawful protest in the federal capital that creates situation of lockdown or disrupt peace during the period of SCO summit.

The directives were issued by IHC Chief Justice Aamer Farooq through a three-page order on Saturday after hearing the petition filed by Traders Welfare Association President Raja Hassan Akhtar, who sought the court’s order to stop the major opposition party’s protest in Islamabad.

The high court’s top judge noted that the freedom of assembly and movement are fundamental rights provided to the citizens under articles 16 and 17 of the Constitution.

Justice Farooq stated that the Ministry of Interior and the Islamabad administration were responsible for maintenance of peace and law and order in the federal capital. However, such activities “are subject to reasonable and proportional restrictions in accordance with law. Such restrictions are only justifiable through a legitimate purpose which must be in the best interest of the larger public,” the order read.

The high court directed the authorities to maintain “principles of proportionality and legitimacy of public purpose” and prevent “harsh or disproportionate restrictions, which would otherwise amount to unlawful infringement of rights”. IHC CJ Farooq directed authorities to take reasonable and proportional measures to ensure safety and public order in Islamabad. The high court also stated that “no unlawful assembly shall be allowed to be held in ICT keeping in view the provisions of Peaceful Assembly and Public Order Act, 2024”. It asked the federal government and Islamabad administration to allocate a designated place to the PTI for an assembly or protest.