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IHC orders Capital admin to clear Faizabad of protesters

By our correspondents
November 18, 2017
ISLAMABAD: Islamabad High Court (IHC) here Friday directed Islamabad Capital Territory (ICT) administration to get Faizabad interchange vacated from the protesters of Tehreek Labbaik Ya Rasool Allah (TLYRA) till Saturday.
Following the IHC direction, the ICT administration started making the preparation for the operation as the protesters were given the ultimatum to end their sit-in by 10:00pm on Friday.
IHC bench comprising Justice Shaukat Aziz Siddiqui directed the ICT administration to take assistance from Frontier Constabulary (FC) and Rangers if circumstances required so. The sit-in protesters of TLYRA have been occupying the Faizabad interchange since November 6 causing sever disturbance to the daily life of Islamabad/Rawalpindi residents. In today's order IHC bench severally admonished the Islamabad district administration for their failure to protect fundamental rights of the citizens. The bench observed, "It is a mystery that protesters have been sitting for the last 10 days and District Administration is acting like spectators of a cricket match". The bench further said, "I observe with great concern that district administration has not only failed to perform its duty as is required but also it appears that sit-in has been facilitated to put the country in a crisis."
On Thursday, November 16 the same IHC bench issued two separate orders in two separate petitions. In one petition, TLYRA sought to public the report of Raja Zafarul Haq Committee and the second petition was filed by a high court advocate Rana Abdul Qayyum seeking to get Faizabad interchange vacated from the protesters. In TLYRA petition IHC had asked the protesters to vacate the area and in second petition of Abdul Qayyum, the bench had asked ICT administration to appear before the court and explain why protesters were not limited to Democracy Park & Speech Corner (DP&SC) that is a designated place for all such activities and protests. This recent order however has come in the writ petition of another advocate of high court Syed Pervaiz Zahoor.
About Thursday, November 16 order in the writ petition of TLYRA, IHC bench in today's order said, "Yesterday order was passed in expectancy that as most of the demands of protesters of sit-in have already been met by Parliament, therefore, by showing grace, protesters will vacate Faizabad Chowk for traffic flow, but it is so unfortunate that instead of obeying direction of the court, leadership of protesters/sit-in showed defiance and also used abusive language, which is unprecedented by itself".
IHC bench deplored at the capabilities of law enforcement institutions and said, "Primary duty of maintaining law and order situation by protecting the fundamental rights of the citizens guaranteed by the Constitution of Islamic Republic of Pakistan, 1973 is responsibility of ICT Administration and police."
It is to mention here that following sit-in protests of 2014, the Capital Development Authority (CDA) due to court's intervention in 2015 notified a place by the name of "Democracy Park & Speech Corner" (DP&SC) parade ground for such protests in Islamabad.
In October 2016 when Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on the issue of Panama papers announced to lock down Islamabad, IHC bench through an order had directed the protesters to limit at DP&SC. Justice Siddiqui in his October 31, 2016 order had said, “In order to ensure protection of life, security, person, property and other fundamental rights of the citizens of Islamabad Capital Territory (ICT), the state is duty bound to protect these rights and take all remedial steps in accordance with law. And if any attempt is made to block or lock down the ICT or any effort is made to disrupt the normal life of the city, the administration has the authority to deal with the situation as per mandate of law.”
In this particular context and referring to the same judgment, IHC bench in today's order said, "I failed to understand when this court has already passed a detailed judgment that any citizen exercising his right of free movement or expression, cannot be allowed to take away other citizens' rights and reduce the capital territory into a siege area. Without guarantee that protesters will not occupy any other place except the "Democracy Pakistan and Speech Corner" (Parade Ground), District Administration should not have allowed them to enter ICT". IHC bench said that the district magistrate has the authority under the law to ensure enforcement of government writ and take action in accordance with law against those who take law into their own hands. Freedom of expression or free movement does not mean that other citizens and inhabitants of twin cities may be left at the mercy of these protesters.
Bench further said, "District Administration is directed to perform its duty of protection of the fundamental rights of the citizens guaranteed under article 9, 14, 15, 18, 24, 25, 25-A of the Constitution of Islamic Republic of Pakistan, 1973 and take all necessary steps required for the clearance of Faizabad interchange from the protesters. The District magistrate has the authority under the law to seek assistance of FC and Rangers to enforce the writ of the state, if circumstances so demand. This task must be completed by tomorrow".
While hearing into the case on Friday, Deputy Commissioner, Islamabad Captain (R) Mushtaq Ahmed appeared before the court and said that most of the protesters were carrying stones while some others also had weapons.
He said that there were about 1,800 and 2,000 protestors at Faizabad interchange and the police force needed at least three to four hours to clear the area.
Justice Siddiqui while issuing directions to the deputy commissioner to clear the Faizabad interchange by Saturday morning, put off hearing till November 20 when two petitions of Syed Pervaiz Zahoor and Rana Abdul Qayyum would be taken up.