In blow to PTI, IHC disallows Islamabad protest

ISLAMABAD: The Islamabad High Court (IHC) has directed the relevant authorities not to allow the Pakistan Tehreek-e-Insaf (PTI) to hold its “do-or-die” protest in the federal capital in violation of the newly enacted peaceful assembly law.

This verdict was announced after IHC Chief Justice Aamer Farooq conducted the hearing of a petition filed by Advocate Rizwan Abbasi on behalf of a traders association president earlier on Thursday. Interior Minister Mohsin Naqvi also appeared after being summoned by the court.

In a five-page order, Justice Aamer Farooq directed the relevant authorities 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. The order said that the Islamabad administration should take all measures under the law to maintain law and order.

The administration is responsible that the law should not be violated. It should be ensured that there is no disruption in the daily life of common citizens.

The court said that Peaceful Protest and Public Order 2024 is the prevailing law to allow sit-ins, protests, rallies, etc. The Islamabad administration should not allow any sit-in, rally or protest against the prevailing law. The court ordered the interior minister to hold talks with the PTI for peaceful and constitutional protests, saying that if the talks were not successful, the interior minister should ensure law and order in Islamabad following the law.

During the hearing, the court told the interior minister that maintaining the law and order situation was his responsibility. “Shutting the city, suspending mobile service, closing shops and business, and placing containers is no solution to the problem. Why such things are not being dealt with politically?” the IHC CJ said. “Staging protest is right of the PTI. But they should see it as per rules and regulations. Whosoever are protesting it is their right but the basic rights of common man should also not be affected. I will issue an appropriate order,” Justice Aamer said.

Speaking to the media outside the IHC, Interior Minister Mohsin Naqvi ruled out the possibility of permitting a protest by the PTI in Islamabad on Nov 24, citing the city’s hosting of crucial diplomatic engagements in the federal capital.

A 65-member Belarusian delegation will visit the capital city on November 24 and the Belarusian president the following day. Naqvi said, “Protests are not being restricted, but holding demonstrations in Islamabad during these critical days is inappropriate. Protest wherever you are, but coming to Islamabad at such time is not justified.” The minister questioned the timing of protests, urging the public to consider who benefitted from creating disruptions during significant diplomatic events. Naqvi reiterated his support for dialogue but clarified that negotiations could not happen under pressure or threats. “Deadlines only arise when discussions are initiated,” he said, adding that no talks with the PTI were currently underway.

Discussing measures to manage disruptions, Naqvi disclosed that the authorities were considering suspending the mobile phone services in some areas, with a final decision expected by Thursday night. He also talked about the security challenges facing the country and referred to a recent attack on the passenger buses in Parachinar, claiming 38 lives. He confirmed that the KP authorities had requested 15 FC platoons for counter-terror operations. He highlighted that the past protests in Islamabad often involved arrests, noting that 20-25 percent of those detained during such demonstrations were Afghan nationals.

Regarding the PTI founder chairman Imran Khan, Naqvi clarified that his release depended on the court rulings. “This is beyond the jurisdiction of the ministry,” he said, emphasizing that Imran Khan faces multiple cases. The minister also assured compliance with any directives issued by the chief justice. “We were summoned to court, and whatever the court decides will be implemented,” he stated.

Earlier, the high courts of Islamabad and Peshawar were moved against the PTI November 24 protest, seeking to declare it as “illegal” amid heightened political tensions. The petition lodged at the IHC said an order should be given to stop the PTI’s illegal protest, which gave an impression of Khyber Pakhtunkhwa’s “military expedition (lashkar kashi) on Islamabad and Punjab” as the protest was being led by KP Chief Minister Ali Amin Gandapur. The petitioner said it was “highly detrimental to the unity of country and this aspect is much higher than financial concerns”. The plea said such protest without permission implied the country was devoid of law. The complainant further prayed the court to direct the interior secretary, chief commissioner and inspector general to stop the protest.

On the other hand, the plea filed at the PHC expressed apprehension that the protest slated for November 24 posed a grave risk to the law and order situation. “The provincial government’s announcements (related to the protests) are affecting businesses,” the plaintiff said, pleading to the court to halt the protest march. He said millions of rupees would be wasted from the public exchequer in the demonstration, while the province was already embroiled in the worst situation of law and order. “The protest march should be declared illegal, unconstitutional and against the fundamental rights,” he said, noting that public funds were being utilised for political goals.

As there are concerns about clashes, sources also informed Geo News that KP chief minister Gandapur has formed a squad for the protest, called “Jihadi”. The squad will comprise 9,000 members from the PTI Youth Wing, sources said, mentioning that the decision was taken during a meeting in Peshawar. The sources further stated that Provincial Minister Meena Khan and KP CM’s Special Assistant Sohail Afridi will lead the squad. The special squad will be positioned at the front of the main procession and has been equipped with protective gear against shelling.

Speaking to Geo News, KP CM’s Special Assistant Afridi clarified that the term “Jihadi Squad” signifies raising a voice against oppression, considering it a form of jihad. He added that they would participate in the protest without concern for their safety.

Given PTI’s protest, the KP chief secretary has directed all government officials to abstain from providing direct or indirect support to any political party or political activities. He further added that failure to comply with established policies will incur stringent legal consequences.

In a letter addressed to all heads of departments, including commissioners and deputy commissioners, Chief Secretary Nadeem Aslam Chaudhary emphasized the importance of adhering to the professional code of conduct and maintaining political neutrality. The letter said let this correspondence serve as an earnest reminder of our solemn duty as public servants of this nation. Our positions, empowered by the state, carry a profound responsibility: to serve the people and uphold the law without fear, favour or prejudice.

He highlighted the essence of public duty, urging officials to remain apolitical, impartial and committed to the rule of law. He stressed that government functionaries are custodians of public trust and must perform their duties with integrity, regardless of the prevailing political environment. “Our allegiance is to the Constitution and the state, not to any political party or leader,” the letter read.

Warning against the misuse of official resources, assets, or authority for political purposes, Chaudhary cautioned all officials to resist any pressure or temptation to compromise their impartiality. “You must refrain from providing direct or indirect support to any political party or activity through your person, subordinates, or the resources at your disposal. Such actions would constitute a grave breach of duty and tarnish our image as public servants. Any deviation from this principle will be dealt with decisively and invite strict legal consequences,” he stated.

He clarified that compliance with political leadership is limited to executing lawful orders aligned with the Constitution. All officials are expected to uphold the professional code of conduct and political neutrality at all costs.

Earlier, the federal Interior Ministry had warned the KP chief secretary against the use of state resources for the PTI’s Nov 24 protest in Islamabad. The ministry wrote a formal letter to the chief secretary emphasizing that no state machinery, officials, or public funds should be utilised for the protest. The chief secretary was directed to ensure strict compliance, highlighting that government resources had been reportedly used in the previous PTI protests. Extensive preparations are underway for the protest. However, behind-the-scene negotiations are reportedly taking place. According to sources, the PTI has demanded the transfer of Imran Khan from Adiala jail to the KP as part of the ongoing discussions, with potential developments expected in the coming days.

Meanwhile, the Interior Ministry decided to implement partial suspensions of internet and mobile services starting November 23. Sources within the ministry indicated that disruptions will primarily affect Islamabad, Khyber Pakhtunkhwa, and parts of Punjab. These measures aim to manage potential communication challenges during the PTI demonstration.

Additionally, a firewall is set to be activated on November 22, which will lead to a significant reduction in internet speeds. This move will restrict access to videos and audio downloads on social media platforms, further limiting the dissemination of media content during the protest. The protest, which the PTI has been actively organising, is expected to draw large crowds, and authorities are reportedly taking steps to ensure public order and security amid growing political tensions.