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Tuesday April 23, 2024

Imran a habitual violator of court orders

By Fakhar Durrani
October 28, 2016

ISLAMABAD: Challenging and violation of the court orders has become second nature for Imran Khan as after violating the LHC and Supreme Court orders, once again he has refused to obey the Islamabad High Court’s verdict and announced to hold “shutdown Islamabad” protests at any cost.

Violation of IH verdict is not the first instance where Imran Khan has challenged the writ of the court. Before this, the PTI chief violated the Lahore High Court (LHC) verdicts which barred him from holding long march. Both the PTI and PAT also violated the Supreme Court’s verdict of vacating Constitution Avenue during their sit-in in August 2014.

Legal and constitutional experts believe since no action was taken against the leadership of the two parties for violating the LHC and SC verdicts of vacating Constitution Avenue, therefore, Imran Khan has no fear of the court. 

On Thursday, the IHC Judge Justice Shaukat Aziz Siddiqui while hearing the petitions filed against the mass protests said, “No one will be allowed to shut down Islamabad on Nov 2. Fundamental rights of common man cannot be compromised in the name of protest,” the court observed.

The IHC verdict says that though it is PTI’s right to register protest, but no party will be allowed to siege the city. However, after the IHC verdict, Imran Khan said this is his legal and constitutional right to hold protests and he would exercise this right. The PTI chief warned the police not to confront with his party workers and avoid any agitation with the peaceful protestors.

The PTI chief had already violated the LHC verdict of August 14 when it barred the PTI and PAT. The LHC full bench on August 14 issued a nine-page detailed order restraining the PTI and PAT from launching Azadi march,

Inqilab march and holding sit-ins in Islamabad in any unconstitutional way. The bench observed that the violation of the Constitution by the protestors and their leaders would expose them to legal consequences.

However, without fearing any legal consequences, the PTI and PAT leadership not only continued their long march but later they stormed into Parliament and other state-run buildings in Islamabad.

Not only this, both the parties blocked the Constitution Avenue after which it became difficult for the state to run its affairs and even the judges of Supreme Court had to face difficulty to reach the apex court. The court observed that free movement on Constitution Avenue is being hindered and access to the Supreme Court was also not possible due to PTI and PAT sit-ins.

The then Chief Justice Nasirul Mulk remarked that next day all judges will come to Supreme Court through Shahrah-e-Dastoor or Constitution Avenue. However, both the parties continued their sit-in at the Constitution Avenue for long.

Syed Ali Zafar, President Supreme Court Bar Association, while talking to The News said they support Imran Khan’s demand of taking action against those involved in Panama Leaks. However, he said, they will never support any action of shutting down the city as this is beyond the constitution. Therefore, he said, Imran Khan should limit his protests within the constitutional limits.

He said the IHC should have refrained itself from issuing any verdict against such event as ultimately it would affect the court’s prestige because the PTI would not implement this verdict.

“The Supreme Court of Pakistan handled such situation very carefully and wisely when the issue of PTI and PAT sit-in was brought in the apex court. The judges of the Supreme Court though gave their observations but they did not give any judgment on this. The same should have been done by the IHC. The court should have played the role of mediator and left the matter to the government to handle the situation,” commented the SCBA president.