In blow to PTI, IHC rules its protest is ‘unlawful’
• Directs govt to take steps to maintain law and order in capital
• Naqvi says protest coincides with Belarusian president’s visit
• Mobile services to be suspended in Islamabad on 24th, 25th
ISLAMABAD: The Islamabad High Court (IHC) on Thursday ruled that Pakistan Tehreek-i-Insaf’s (PTI) planned protest on Nov 24 is unlawful and directed the federal government to take all necessary measures to maintain law and order in the federal capital without disrupting public life, particularly as the Belarusian president is scheduled to arrive over the weekend with a high-profile delegation.
Chief Justice Aamer Farooq issued the ruling while hearing a petition filed by Islamabad’s traders, who raised concerns over the potential disruption caused by the protest. The court directed the government to engage PTI leadership for an amicable resolution while ensuring the safety of citizens and foreign dignitaries.
In its order, the court directed the Ministry of Interior to form a committee, preferably led by the interior minister, to engage with PTI leadership. The order highlighted the sensitivity of the situation, noting that the president of Belarus and a 65-member delegation are scheduled to visit Islamabad on the same dates.
Chief Justice Farooq expected some breakthrough in the dialogue, stating that “when such formal engagement is made, some development will take place”.
The court order added, “In case no breakthrough is made, then to ensure law and order situation is the responsibility of Respondents No. 1 to 4 (interior ministry, chief commissioner, deputy commissioner and inspector general of Islamabad police) … No protest or rally or for that matter sit-in shall be allowed by Respondents No.1 to 4 in violation” of the Peaceful Assembly and Public Order Act, 2024.
The petition, filed by Jinnah Super Traders Association President Asad Aziz through Advocate Rizwan Abbasi, argued that PTI’s planned protest violates the Peaceful Assembly and Public Order Act, 2024. The plea stressed that protests without formal permission create chaos and project an image of lawlessness.
Chief Justice Farooq, noting the severity of the situation, summoned Interior Minister Mohsin Naqvi, the interior secretary, Islamabad’s inspector general of police and chief commissioner.
During the hearing, Justice Farooq questioned the repeated disruptions caused by protests, saying, “What is the fault of the common citizen? Children’s schools are closed, and businesses suffer. What alternative solutions can be implemented instead of shutting down the city with containers?”
Logistical, security challenges
Interior Minister Naqvi briefed the court on the logistical and security challenges posed by the protest. Stressing that the planned protest coincides with the high-profile visit of the Belarusian delegation, he said, “This situation is damaging for Pakistan’s international reputation.”
Mr Naqvi said that installing containers and closing roads were not sustainable solutions but argued that maintaining law and order in the capital was a top priority, especially given previous incidents of violence during protests.
The IHC reiterated that freedom of assembly is subject to reasonable restrictions under the law to safeguard public interest and maintain order.
Referring to the newly enacted Peaceful Assembly and Public Order Act, 2024, the court noted that organisers of public gatherings are required to seek formal permission from the district magistrate at least seven days before the event. Officials informed the court that PTI had not submitted a formal application to hold the protest.
Mobile services to be suspended
Later, talking to the media, Interior Minister Naqvi highlighted security challenges, including the arrival of a high-level delegation from Belarus.
“A 65-member delegation, including the president of Belarus, will be visiting on Nov 24 and 25. Ensuring their security is our priority. During this time, mobile services will also be suspended in Islamabad,” Mr Naqvi said.
He dismissed the possibility of unauthorised protests, stating, “No one is stopping anyone from protesting, but it must be done in designated areas with prior permission. Coming to Islamabad during such sensitive times is not appropriate.”
Mr Naqvi confirmed that the Punjab Police, Rangers and Frontier Corps (FC) would work jointly to enforce the court’s directives. He criticised PTI for refusing to negotiate in good faith, stating, “Dialogue is always an option, but not under threats or intimidation.”
He said there was no ongoing dialogue with PTI regarding their protest plans. He noted that Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur, PTI Chairman Barrister Gohar Khan and the KP police chief were in regular contact with federal authorities regarding law and order issues.
Meanwhile, the minister also expressed concerns over the presence of Afghan nationals in Pakistan, stating, “Out of every hundred individuals arrested during protests, 20 to 25 turn out to be Afghan nationals. This is a pressing issue that we must address.”
Mr Naqvi assured citizens that the government is taking steps to improve Islamabad’s traffic management and protect sensitive areas such as the Red Zone and D-Chowk.
He confirmed that the federal government would comply with the IHC’s directives. “The chief justice has raised valid concerns about the rights of ordinary citizens and the disruption caused by such gatherings. We are fully prepared to implement any orders issued by the court,” he said.
Published in Dawn, November 22nd, 2024