IHC says political protests cannot infringe citizens’ fundamental rights ahead of PTI march
Says besieging Islamabad, and suspending citizens’ rights cannot be claimed as protest rights
The Islamabad High Court (IHC) has issued a ruling stating that any political activity resulting in a violation of citizens' fundamental rights would breach the Constitution. The judgment was made in response to the announcement of the PTI's planned march on September 27, aimed at securing the release of Imran Khan. The long march had been organized by the party, with a central convoy set to depart from Khyber Pakhtunkhwa, and additional caravans expected to join from various regions before heading towards the capital.
The ruling came after a 37-page detailed judgment, delivered by a larger bench consisting of IHC Chief Justice Sardar Sarfaraz Dogar and Justices Azam Khan and Muhammad Asif. This judgment was issued on September 14, following arguments from various legal representatives, including the Attorney General for Pakistan, Additional Attorney General, advocate generals from four provinces and Islamabad, and counsel for the petitioner, Barrister Akhter Cheena.
The petitioner in question was local trader Waqas Ahmed, who argued that the right to protest was protected under the Constitution, but remained subject to the Constitution, law, and reasonable restrictions. The court observed that while political parties indeed had the right to assemble peacefully and express political dissent, citizens also enjoyed constitutional rights to life, liberty, dignity, freedom of movement, lawful trade and business, property, and access to essential services such as hospitals, educational institutions, courts, and workplaces.
The court emphasized the need for a constitutional balance between the right to political protest and the fundamental rights of citizens. It also noted the importance of ensuring the normal functioning of constitutional institutions in Islamabad, including citizens' right to access hospitals, educational institutions, and courts.
The court rejected the claim that the petition was based on merely speculative apprehensions of disruption, pointing to the party's history of disregarding previous assurances and court directions.
Written by urgent.news from The Express Tribune - Pakistan's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
