PTI approaches SC seeking directions for federal & Punjab govts to allow the party to hold a peaceful protest in Islamabad
ISLAMABAD, June 01 (SABAH): The Pakistan Tehreek-e-Insaaf (PTI) approached the Supreme Court of Pakistan on Wednesday, seeking directions for the federal and Punjab governments to allow the party to hold a peaceful protest in the capital.
The petition seeks to bar the government from using any force, coercive measures and ‘intimidation tactics’ such as raiding homes of party workers, unlawful restrictions and blocking entry points.
The constitutional petition has been filed under Article 184 (3) through PTI’s counsel, Senator Barrister Syed Ali Zafar. The petition contends that the recent arrests were a breach of the fundamental rights of free movement, peaceful protest, association, assembly and freedom of speech.
It also states that PTI supporters “have demonstrated (from their past conduct) that they will be peaceful in the exercise of their constitutional rights”.
The government’s actions against PTI workers and supporters were also criticised, particularly the use of tear gas and arrests prior to the May 25 long march. It stated that the recent and ongoing actions of the government “are arbitrary, illegal, discriminatory, unlawful, and in violation of law as well as the letter and spirit of the Constitution”.
“The Petitioner has approached this honorable Court with bona fide intention, in the best interest of the people of Pakistan, and for the furtherance of rule of law. Furthermore, no other adequate and efficacious remedy is available to the Petitioner, except the invoking of the constitutional jurisdiction of this honorable Court,” the petition further read.
The petition, filed by PTI Secretary-General Asad Umar, named the interior ministry, Islamabad inspector-general and others as respondents.
Former prime minister Imran Khan has called for protests in Islamabad in case the government does not announce elections.
Nine questions have been raised by the PTI in its petition submitted to the SC. They are:
Whether freedom of movement, and the right to peaceful protest and procession, is a fundamental right of all the citizens of Pakistan, under the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter the “Constitution”)?
Whether constitutional rights, enshrined in Articles 4, 5, 8, 9, 10, 14, 15, 16, 17, 19 and 25 of the Constitution, can be unreasonably curtailed by executive authorities, through the use of disproportionate and unlawful force on the peaceful citizenry?
Whether the fundamental rights, enshrined in Articles 8, 9, 10, 14, 15, 16, 17, 19 and 25 of the Constitution must be respected and protected from unconstitutional and illegal curtailment by the governmental authorities?
Whether the State and governmental agencies of Pakistan can unlawfully deprive citizens of their liberty, guaranteed under Articles 9 and 10 of the Constitution, by arresting individuals who are participating in, or intend to participate in, a peaceful protest for the attainment of their democratic rights?
Whether the governmental agencies can, without any cause or reason, browbeat, intimidate, or physically harm individuals and groups who gather for a peaceful procession, thus violating their ‘inviolable’ dignity and privacy of home, as guaranteed under Article 14 of the Constitution?
Whether the citizens of Pakistan have the right to peacefully enter, move around and remain in various territories of Pakistan, in accordance with Article 15 of the Constitution?
Whether the citizens have the right to peacefully assemble, protest and hold demonstrations, for the achievement of their democratic demands, in accordance with the letter and spirit of Article 16 of the Constitution?
Whether the petitioner, a duly registered political party, has the fundamental right to organise, associate and conduct a nationwide political rally, in accordance with Article 17 of the Constitution, without unlawful interference by the federal and provincial government authorities?
Whether the arrest and detention of members of the petitioner’s political party, prior to or during a peacefully organised protest, amount to illegal detention and arrest, as well as a violation of the Petitioner’s rights under Article 17 of the Constitution?