SC asked for early hearing in plea against PTI dharna

ISLAMABAD: The Supreme Court was requested on Saturday to fix next week on October 25, the plea seeking its direction to restrain Pakistan Tehreek-e-Insaaf (PTI) Chairman Imran Khan from staging sit-in (dharna) in the federal capital.

The court was pleaded that in case the plea seeking restraining PTI chairman from staging sit-in is not heard and disposed of prior to November 2, 2016, Islamabad would be closed, the residents, thereof, would suffer an irreparable loss, and they would be deprived of their right to life and liberty.

Tariq Asad, advocate, who had earlier filed a CMA in his petition in the apex court had requested the top court to restrain the PTI Chairman Imran Khan Sit-In (dharna) and from closing Islamabad being prejudicial to public peace and order and security of Pakistan.   

The apex court on October 20, while taking up the petitions filed by Imran Khan and others, seeking disqualification of Premier Nawaz Sharif in PanamaLeaks issue, had issued notices to the prime minister, members of his family  as well as other respondents in the case and directed them to file their replies within two weeks.

The court the other day, however, fixed the instant identical petitions on PanamaLeaks on November 1 for hearing, a day before the PTI Chief's sit-in (dharna) in Islamabad.

The court had directed Prime Minister Nwaz Sharif, his family members, including his daughter Mariam Nawaz, sons Hussain Nawaz and Hassan Nawaz, son-in law Captain ® Safdar and Finance Minister Ishaq Dar to file their replies before November 1, 2016. 

On Saturday, he filed an application in the apex court for early hearing of the matter and requested the court to fix it nxt week on October 25. He submitted that a constitution petition, filed by Imran Khan and others is pending adjudication and is fixed for hearing on November 1, 2016, seeking relief against the prime minister on the one hand and announced the date of dharna on November 2, 2016, against the prime minister on the other. 

Tariq Asad informed the court that on October 20, 2016, after the hearing of Petitions, Imran Khan addressed the media saying that the Court was constrained to file the petitions because of the pressure built on by dharna; otherwise, the case had not to be fixed. 

“Such activities and threats, while the petitions on the same subject matter are pending, are tantamount to contempt of court of this Court,” Tariq Asad contended. He recalled that the previous dharna of Imran Khan had lasted for 128 days by which the fundamental rights of the citizens guaranteed by inter alia articles 4, 9, 14, 15 and 18 of the Constitution had been infringed. 

This time,  he said Imran Khan has challenged to close Islamabad by means of sit-in (dharna), and, for this purpose, he has directed all his workers throughout the country to make arrangements of foods, beds and blankets to be able to move and stay in Islamabad for an indefinite period until Nawaz Shareef resigns. 

Tariq Asad said that the citizens /residents of Islamabad are worried and are asking to know what is their fault to make their lives miserable? Is this country not being governed by rule of law? Are the citizens not entitled to enjoy their fundamental rights guaranteed by the Constitution? Is the Apex Court not constitutionally obliged to protect their rights? Are the learned Chief Justice and judges of the Supreme Court not obliged by virtue of their code of conduct and oath to protect, preserve and defend the Constitution? 

He said that in case his CMA is not heard and disposed of prior to 2-11-2016, Islamabad would be closed; the residents thereof would suffer an irreparable loss; they would be deprived of their right to life and liberty as interpreted by this Hon Court in Shehla Zia case (PLD 1994 SC 693) and various other judgments, right to freedom of movement, right to freedom of business and trade. 

He prayed the court to fix the case next week on October 25 in the interest of public importance and protection of the fundamental rights of the citizens of Pakistan.