he parliament has made new legislation to regulate organization of peaceful assemblies in the Capital Territory.

The new law, signed by President Asif Ali Zardari after it sailed through the Senate and the National Assembly last week, makes seeking permission from the authorities before holding an assembly in the capital zone mandatory.

The Peaceful Assembly and Public Order Act 2024 empowers the district magistrate to regulate and disallow public gatherings in the capital territory.

Under the Act, rallies and meetings organised without obtaining prior permission will be considered illegal. Violations carry strict penalties including fines and imprisonment for up to three years. Repeat offenders can be jailed for up to 10 years.

The objective of the law is to maintain and preserve public peace and public order. “It is necessary to regulate holding of peaceful assembly in order to protect the fundamental rights of other citizens and to preserve public and private property and to ensure daily lives of the citizens are not hindered and public functionaries are able to perform their duties smoothly.”

The district magistrate will also have the power to disallow an assembly. He may direct the officer-in-charge of the police station concerned to disperse the assembly. If the participants do not disperse voluntarily, the police officer can use force to ensure compliance. Members of an illegal assembly may be arrested and detained.

The government will also specific locations for political gatherings. The law also applies to the political parties. They must seek prior approval from the deputy commissioner. Applications for such permission must be submitted at least seven days in advance. If permission is denied, an appeal may be made to the chief commissioner. If the appeal is unsuccessful, a review application may be submitted to the secretary of the Ministry of Interior. A No Objection Certificate will be issued to the organizers. It will list the conditions for holding the assembly. A violation of these conditions will be dealt with under the law.

The law provides that the district authorities can disallow a gathering. They will assess the security situation before granting permission. Security clearance from relevant agencies will be required before final approval is given.

Rallies and meetings lacking prior permission will be considered illegal. Violations carry strict penalties including fines and imprisonment for up to three years. Repeat offenders could be jailed for up to 10 years.

The law came into effect just as Pakistan Tehreek-i-Insaf was set to hold a public rally in Islamabad. The party received an NOC from the district authorities. After the rally, the ICT police registered a number of cases against PTI workers and leaders under the new law for not ending the September 8 rally on time.

In their speeches and statements, several opposition lawmakers have rejected what they called a PTI-specific law meant only to preempt the PTI rallies. They have also alleged that parliament – whose composition they say has been affected by massive rigging of elections - is being used to protect partisan interests of the current government leaders.

“This law denies citizens their fundamental rights to peaceful assembly and freedom of expression. This shows how scared the government is,” Barrister Ali Zafar, the PTI senator, says. He says, “The law is designed to prevent the PTI from holding rallies in the federal capital.”

Senator Irfan-ul-Haque Siddiqui of Pakistan Muslim League Nawaz, however, defends the new legislation calling it a need of the hour. “The time has come to regulate street protests and allocate a place for such gathering to maintain peace and discipline in the city.”

Amnesty International, a global human rights defender, has urged the government to repeal the law because it imposes restrictions on holding public gatherings.

Some other human rights watchdogs have also described the law as an attack on the right to freedom of peaceful assembly in Pakistan.

“The government must immediately repeal the Peaceful Assembly and Public Order Act and amend other laws that allow for blanket bans on assemblies and impose restrictive requirements which are in flagrant violation of the country’s international human rights obligations,” AI’s Deputy Regional Director for South Asia, Babu Ram Pant, said in a statement.

“Any restrictions must strictly comply with the principles of legality, necessity and proportionality, the statement read. It said the law aimed to set “a dangerous precedent.” The AI noted that Pakistan has a long history of enacting “draconian legislation to criminalise peaceful protest and suppress the expression of dissent.”

The Human Rights Commission of Pakistan has said that the law is “likely to be used not only against political opposition but also rights activists mobilising around various issues,” which the state might considers contentious or inconvenient.

The writer is a staff member. He tweets at @waqargillani