ISLAMABAD: The Islamabad High Court on Monday dismissed PTI's plea against the imposition of Section 144 ahead of the party's possible long march in the capital.
Following the decision, the imposition ordered by the government remains in effect.
The federal government had imposed restrictions on five or more than five people gathering at a spot in the federal capital, after which the Imran Khan-led party had moved the court and requested to declare the imposition unconstitutional.
PTI leader Asad Umar termed the government's orders as he was of the view that the imposition of Section 144 to prevent peaceful protest is "unconstitutional".
Commenting on PTI's plea earlier, the IHC's Chief Justice Athar Minallah said: "The petitioner has governments in two provinces. Have they never imposed Section 144 there? You should first get this law nullified in these provinces and then come here."
He said that the matter of law and order comes under the executive's jurisdiction and the court will not intervene in that.
At the outset of today’s hearing, Babar Awan, PTI’s counsel, argued that the use of Section 144 to prevent a peaceful protest is unconstitutional.
Opposing the law, the PTI counsel said that the British-era law is being exercised today.
“Section 144 cannot be enforced for two consecutive days or more than seven days in a month,” argued Awan.
At this, IHC Chief Justice Athar Minallah inquired how his client is an affected party and has his client been stopped from doing something.
“We cannot hold a rally [in Islamabad] in this situation,” he replied.
“There is a procedure to hold a rally. Permission is required for it,” replied Justice Minallah.
“Did Section 144 not get imposed in Islamabad during PTI’s rule?” asked Justice Minallah.
At this, the lawyer said that the petition was filed by a former MNA but not a political party.
“This is not a petition of a former MNA, the petitioner is still a member of the National Assembly,” the judge replied.
Meanwhile, the court reserved its judgment and adjourned the proceedings.
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