close
Saturday April 20, 2024

Nobody will be allowed to lock down capital: IHC

By our correspondents
October 28, 2016

Justice Shaukat Aziz Siddiqui summons Imran on 31st to explain which law allows him to block the capital city and stop govt from functioning; no room for placing containers on roads; district admin directed to tell PTI leadership to use Democracy Park and Speech Corner for protest

By Faisal Kama Pasha

ISLAMABAD: The Islamabad High Court (IHC) on Thursday directed the PTI Chairman Imran Khan to personally appear before it on October 31 to explain which law allows him to block the capital city and to stop the federal government from functioning.

Hearing a set of petitions against the PTI’s November 2 sit-in, Justice Shaukat Aziz Siddiqui listened to Imran Khan’s speeches played in the courtroom by the Pemra and remarked that nobody would be allowed to block the roads.

The petitions were filed for restraining the PTI from holding the sit-in and seeking directions for the Pemra not to telecast Imran Khan’s speeches and interviews, as he was still at large.The petitions were filed by three practicing lawyers Raja Maqsood Hussain,Tasleem Abbasi, Faiz Ahmed Cheema and one law student Mohib Ullah.

The bench directed the Pemra to produce the recording of Imran Khan’s speeches/statements and Urdu transcripts on the next date of hearing.The bench asked the IGP Islamabad if a person announces that he will murder someone, will he wait until he murders. The IGP said the government was taking measures.

“Hearing of recordings of speeches and the press conference, etc, played in the court also constrains the court to issue a notice to Imran Khan with the direction to appear before the court and explain which law allows him to state that the Islamabad city shall be blocked and the government would not be allowed to remain functional,” said the bench.

The petitioners’ counsel, Barrister Jehangir Khan Jadoon, Col (retd) Inam-ur-Rahim and Malik Siddique Awan, advocates, requested the court that since Imran Khan was a proclaimed offender, the court may issue an order for his arrest.

The court observed that the trial court had already issued arrest warrants for Imran Khan and, therefore, it was not necessary for the bench to pass such orders.Special Secretary Ministry of Interior (MOI) Shoaib Ahmed Siddiqui, Chief Commissioner ICT Zulfiqar Haider, Deputy Commissioner Captain (retd) Mushtaq Ahmed and IG Islamabad Tariq Masood Yaseen categorically told thecourt that “all endeavours shall be made to ensure peace in the capital city and that no fundamental right of any citizen may be infringed due to the call of dharna by Imran Khan on November 2.”

They also submitted that no educational institution shall be closed on the said date and the schedule of examination of all students, particularly of the Federal Board of Intermediate and Secondary Education, Islamabad, will not be changed.

“This court is conscious of the fact that freedom of speech, expression and movement is the right of every citizen, but it cannot be exercised in a manner that other citizens may be deprived of their fundamental rights, free movement, education, business and trade, etc,” said the court order.

DG Monitoring Pemra Haji Adam played the recording of Imran’s speeches made on different dates.After hearing the recordings, the court observed: “The recordings are indicative of the fact that the proposed programme of sit-in apparently is aimed to block the Islamabad city and to jam the government machinery, which obviously will result into infringement of fundamental rights of citizens guaranteed under articles 9, 14, 15, 16, 18 and 19 of the Constitution.

“As a place has already been notified with the name of Democracy Park and Speech Corner, therefore, by respecting the right of speech/protest of Imran Khan, the district magistrate may inform Imran Khan about the above-mentioned place for sit-in.”The court barred the district administration from cordoning off roads by placing containers and other hurdles.