IHC asked govt a year ago to prevent Islamabad lockdown

ISLAMABAD: More than a year ago, the Islamabad High Court (IHC) explicitly ordered the federal government to chalk out a comprehensive policy to prevent Islamabad lockdown and save residents of the capital from sufferings as a result of a protest or public gathering.
However, no such policy was drafted by the government and the indecision has resulted in yet another lockdown of the capital and grave sufferings of the residents of twin cities for over two weeks at the hands of protesters from religious parties who have blocked Faizabad Interchange.
Daily life in the capital has been disrupted for over two weeks by protesters belonging to religious parties — including the Tehreek-i-Khatm-i-Nabuwwat, Tehreek-i-Labaik Ya Rasool Allah (TLY) and the Sunni Tehreek Pakistan (ST) — who are calling for the sacking of Law Minister Zahid Hamid and strict action against those behind the amendment to the Khatm-i-Nabuwwat oath in the Elections Act 2017.
In his judgment on October 31 last year, Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) ruled, “The federal government is directed to formulate a comprehensive policy outlining restrictions based on public policy on the right to assemble. Such restrictions should keep paramount the fundamental rights of the public at large whilst pursuing the broader aims of national security and public safety.”
The IHC had also directed the government to confine all future political and religious protests/rallies to the “Democracy Park & Speech Corner” without any discrimination, fear or favour.
The court ruled that right to assemble and protest was subject to legal restrictions which included the prerogative of the district administration to earmark a particular place for a protest and ensure that life of the public remains unaffected.
However, government failed to implement that order in letter and spirit. The News repeatedly tried to contact Minister for Interior Ahsan Iqbal and Minister of State Talal Chauhdry for their version but they did not respond to the calls by this correspondent. However talking in Geo News show Capital Talk, Talal Chaudhry said the protesters were “asked to move to Parade Ground which had been designated as Democracy Park but they refused to do so”. Chaudhry said the protesters were even offered drinking water and other facilities at the Parade Ground.
However, the IHC decision was clear that it was the government responsibility to ensure protection and enforcement of the constitutional rights of the public of Islamabad in the event of protest rallies.
“Needless to state, this would ensure protection and enforcement of the constitutional rights of the public of Islamabad who have already suffered immensely in the recent past on account of political activities in the midriff of the city. A blanket policy will help to regulate the right to assemble indiscriminately and in a more cohesive manner leaving little room for exercise of discretion based at the desires, likes and whims of those in the corridors of power,” says the IHC order of last year while hearing a petition against a planned lockdown of the capital by Pakistan Tehreek-e-Insaf (PTI).
The court ruled that it was mandatory upon those holding protest rallies to give prior notice to the district administration specifying the details (time, date and duration) of the proposed rally/protest and ensure that it was conducted within the parameters of the law. “On the threshold of equality, the fundamental rights of a particular person/party cannot supersede the rights of the rest of the populace,” the order says.
The court ruled that confining protests to a Democracy Park & Speech Corner would enable those willing to join such calls to be a part thereof whilst also protecting the fundamental rights of those who disagree with such protests/rallies. “If protesting is a choice so is the option not to protest, which must be equally protected with no one having the right to impose their will of protesting onto another. Civic agency i.e CDA is directed to develop the notified place by providing basic necessities like toilets, water filtration plants etc and plantation of different plants/trees,” it reads.
The IHC ruled that freedom of assembly, movement and expression is right of every citizen guaranteed by the organic law of the country i.e. Constitution of Islamic Republic of Pakistan as enshrined under Part-II, Chapter I thereof. But these rights are not unbridled. If to lodge a protest is right of any citizen, not to lodge or partake a protest is also the right of every citizen. “Nobody can be compelled to do which is not permissible under the law and no one can be deprived of doing which is permissible under the law. All these petitioners apprehend(ed) serious threat to their fundamental rights guaranteed by the Constitution under Articles 9, 14, 15, 16, 18 and 19.”
While referring to the speeches of PTI chief Imran Khan at that time the order says those speeches played in court clearly suggested that intent and object was not merely lodging of protest but apparently a move to stop the elected government from functioning and performing its day to day affairs and also to keep away the citizens from enjoying their fundamental rights, which obviously is tantamount to abridgment of the constitutional rights of the citizens.
“In order to ensure the protection of life, security of person, property and other fundamental rights of the citizens of ICT, the state is duty bound to protect these rights and take all remedial steps in accordance with the law. 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,” the order issued on 31st October 2016 says.