Federal capital: IHC places restrictions on political protests

Islamabad: The Islamabad High Court (IHC) has issued a ruling restricting political parties, leaders, provincial governments, and public office holders from occupying public roads, highways, interchanges, toll plazas, buildings, or other similar places within the federal capital. A citizen, Waqas Ahmed, challenged the planned protest citing potential disruption to daily life, traffic, and business activities.

A three-member bench, led by Chief Justice Sardar Muhammad Sarfraz Dogar, issued a detailed 35-page judgment in response to Pakistan Tehreek-e-Insaf's (PTI) planned protest on September 27. The ruling directed provincial governments to ensure no governmental resources, public funds, or officials were used, raised, or participated in any march, procession, or rally leading towards the Islamabad Capital Territory (ICT).

The IHC also ordered that provincial governments ensure no public servant is compelled, coerced, or required to participate in such marches. The administration of the ICT was tasked with preventing any activity that infringes upon the rights of other citizens or those guaranteed by Articles 9, 15, 18, 23, 24, and 25A of the Constitution.

The Chief Secretaries of the provinces, the Federal Secretary Interior, the Chief Commissioner and Inspector General of Police of the ICT were instructed to issue immediate directions to officials to refrain from complying with any orders facilitating marches towards the ICT, and to establish helplines for officials to report any coercion or inducement.

The judgment emphasized that the IHC's enforcement of fundamental rights under Article 199(1)(c) is distinct from actions under paragraphs (a) and (b) of clause (1) of the same article. The court held that it has a positive duty to enforce the rights of citizens within its territorial jurisdiction, and will hold any executive authorities or individuals liable for actions or inactions leading to infringement of these rights.

The ruling noted that PTI's activities in May 2022 and November 2024 in the ICT had caused significant security and law and order issues, resulting in property damage and violations of citizens' rights to trade and business.